Current through Chapter 253 of the 2024 Legislative Session
Section 124B-75 - Admissibility of sworn testimony from records of courts of inquiry(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read into evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of the evidence.(b) The sworn testimony admissible under subsection (a) may be read into evidence only by the defense in cases extending to the dismissal of a commissioned officer.(c) The sworn testimony admissible under subsection (a) may be read into evidence before a court of inquiry or military board.(d) Sworn testimony that is:(1) Recorded by audiotape, videotape, or similar method; and(2) Contained in the duly authenticated record of proceeding of a court of inquiry, is admissible before a court-martial, court of inquiry, or military board, to the same extent as sworn testimony may be read into evidence before any body under subsections (a), (b), or (c).Added by L 2022, c 286,§ 2, eff. 1/1/2023.