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

Summary

A court-martial or military commission can allow sworn testimony from a court of inquiry record to be read into evidence when the witness cannot testify in person. The testimony must be the kind that would normally be allowed as evidence, and the accused must have been a party to the original inquiry and the issue must be the same, or the accused must agree. This rule does not apply to a military commission set up under chapter 47A. In death-penalty cases or cases that could remove a commissioned officer, only the defense may read such testimony. The same kind of testimony can also be used before a court of inquiry or a military board. Sworn testimony that was recorded by audio or video and is in the authenticated court of inquiry record is covered too.

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