§850 — Title 10 Armed Forces | U.S. Code

Summary

Sworn testimony that is in the official record of a court of inquiry can be read at a military trial if the person who gave that testimony cannot testify in person and if the evidence rules allow it. That is allowed when the accused was a party at the inquiry and the same issue is involved, or when the accused agrees. It does not apply to the special military commissions under chapter 47A. If the case is a death-penalty case or could remove a commissioned officer, only the defense may read such testimony. Audiotape, videotape, or similar recorded sworn testimony that is in the official record may also be read as evidence.

Title 10, §850

Armed Forces — Source: USLM XML via OLRC

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

(d)Sworn testimony that—

(1)is recorded by audiotape, videotape, or similar method; and

(2)is contained in the duly authenticated record of proceedings of a court of inquiry;

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 850(a)850(b)50:625(a).50:625(b).May 5, 1950, ch. 169, § 1 (Art. 50), 64 Stat. 124. 850(c)50:625(c). In subsections (a) and (b), the word “commissioned” is inserted for clarity.

Editorial Notes

Amendments

2016—Pub. L. 114–328, § 5232(b), amended section catchline generally, substituting “Admissibility of sworn testimony from records of courts of inquiry” for “Admissibility of records of courts of inquiry”. Subsec. (a). Pub. L. 114–328, § 5232(c)(1), inserted heading. Subsec. (b). Pub. L. 114–328, § 5232(c)(2), inserted heading. Subsec. (c). Pub. L. 114–328, § 5232(c)(3), inserted heading. Subsec. (d). Pub. L. 114–328, § 5232(a), added subsec. (d). 2006—Subsec. (a). Pub. L. 109–366 inserted last sentence.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

§850 Art. 50. Admissibility of sworn testimony from records of courts of inquiry