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29b-51
29B.51 ADMISSIBILITY OF RECORDS OF COURTS OF
INQUIRY.
1. 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 in 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 such evidence.
2. Such testimony may be read in evidence only by the defense in
cases extending to the dismissal of a commissioned officer.
3. Such testimony may also be read in evidence before a court of
inquiry or a military board. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.51] Section History: Recent Form
2008 Acts, ch 1032, § 201
