39-6-43 - Sworn testimony -- Read in evidence. - Utah Statutes

39-6-43. Sworn testimony -- Read in evidence.
(1) The sworn testimony of a case which is contained in the authenticated record ofproceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may beread in evidence by any party before a military court if:
(a) 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 theevidence; 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.

Enacted by Chapter 210, 1988 General Session