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This entry was published on 2014-09-22
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SECTION 130.50
Admissibility of records of courts of inquiry
Military (MIL) CHAPTER 36, ARTICLE 7, PART 7
§ 130.50. Admissibility of records of courts of inquiry. (a) In any
case not extending to the dismissal of an 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.

(b) Such testimony may be read in evidence only by the defense in
cases extending to the dismissal of an officer.

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