10 U.S.C. § 850: Art. 50. Admissibility of…

Summary

Allows sworn testimony from an official court of inquiry record to be used in military trials when the witness cannot testify in person, if the evidence would otherwise be allowed. If the case is not a death-penalty case and does not involve removing a commissioned officer, either side can read that testimony in a court-martial or military commission when the accused took part in the inquiry about the same issue or agrees to it. This does not apply to military commissions under chapter 47A. In death-penalty cases or cases that could remove a commissioned officer, only the defense may use such testimony. The same rules let courts of inquiry and military boards use that testimony. Audio or video recordings in an authenticated court of inquiry record are treated the same way.

Title 10, §850

Armed Forces, Source: USLM XML via OLRC

(a)Use as Evidence by Any Party.—

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)Use as Evidence by Defense.—

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)Use in Courts of Inquiry and Military Boards.—

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

(d)Audiotape or Videotape.—

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;

is admissible before a court-martial, military commission, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under subsection (a), (b), or (c).

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