§8900 Evidence admissible when witness is not available

Summary

Allows a court to accept certain out-of-court witness statements when the government or a claimant cannot get the witness after reasonable effort, and either a court-ordered pause under this chapter stops questioning the witness or the government held back to protect naval operations. The court may use a sworn affidavit or testimony given earlier at a court-martial, court of inquiry, or investigation. Using those statements does not make the rest of the original record usable as evidence or force the government to turn over that record.