26-1050

26-1050. Admissibility of 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, if otherwise admissible
under the rules of evidence, may be read in evidence by any party before a court-martial
or military commission 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 such evidence.

B. This testimony may be read in evidence only by the defense in cases extending to
the dismissal of a commissioned officer.

C. This testimony may also be read in evidence before a court of inquiry or a
military board.