2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47 - UNIFORM CODE OF MILITARY JUSTICE (§§ 801 - 946)
Subchapter VII - TRIAL PROCEDURE (§§ 836 - 854)
Section 850 - Art. 50. Admissibility of records of courts of inquiry
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER VII - TRIAL PROCEDURE Sec. 850 - Art. 50. Admissibility of records of courts of inquiry |
| Contains | section 850 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 109-366, §4(a)(2), Oct. 17, 2006, 120 Stat. 2631. |
| Statutes at Large References | 64 Stat. 124 120 Stat. 2631 |
| Public Law References | Public Law 109-366 |
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(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 109–366, §4(a)(2), Oct. 17, 2006, 120 Stat. 2631.)
| Revised section | Source (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.
AMENDMENTS2006—Subsec. (a). Pub. L. 109–366 inserted last sentence.
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