10 U.S.C. § 850 - U.S. Code - Unannotated Title 10. Armed Forces § 850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry

(a)Use as evidence by any party.--In any case not capital and 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 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. This section does not apply to a military commission established under chapter 47A of this title.

(b)Use as evidence by defense.--Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.

(c)Use in courts of inquiry and military boards.--Such testimony may also be read in evidence before a court of inquiry or a military board.

(d)Audiotape or videotape.--Sworn testimony that--

is admissible before a court-martial, military commission, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under subsection (a), (b), or (c).