2006 Utah Code - 39-6-43 — Sworn testimony -- Read in evidence.

     39-6-43.   Sworn testimony -- Read in evidence.
     (1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if:
     (a) otherwise admissible under the rules of evidence;
     (b) the accused was a party before the court of inquiry;
     (c) the same issue was involved or the accused consents to the introduction of the evidence; or
     (d) the accused was physically present when the testimony was taken.
     (2) The testimony may be read in evidence:
     (a) before a court of inquiry or a military board; or
     (b) by the defense only in cases extending to the dismissal of a commissioned officer.

Enacted by Chapter 210, 1988 General Session