§8900 Evidence Admissible When Witness Is Not Available

Summary

When a judge finds that, after reasonable effort, the United States or a claimant cannot get a witness to appear, and either a stay under this chapter stopped the questioning or the United States avoided taking the witness’s testimony to protect or not interfere with naval operations, the judge must accept certain substitute records instead of live testimony. Those substitutes are a written statement sworn before a notary or other authorized officer, or the witness’s prior statement or testimony from a court-martial, court of inquiry, or investigation. The judge will decide how much weight to give the substitute evidence. Using those statements does not make the rest of the original record automatically usable or force the United States to produce it.