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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if:
(a) the sworn testimony is otherwise admissible under the rules of evidence;
(b) the accused was a party before the court of inquiry;
(c) the same issue was involved or the accused consents to the introduction of the evidence; or
(d) the accused was physically present when the testimony was taken.
(2) The testimony may be read in evidence:
(a) before a court of inquiry or a military board; or
(b) by the defense only in cases extending to the dismissal of a commissioned officer.
Cite this article: FindLaw.com - Utah Code Title 39A. National Guard and Militia Act § 39A-5-221. Sworn testimony--Read in evidence - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-39a-national-guard-and-militia-act/ut-code-sect-39a-5-221/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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