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2021 Utah Code
Title 39 - Militia and Armories
Chapter 6 - Utah Code of Military Justice
Section 43 - Sworn testimony -- Read in evidence.
Universal Citation:
UT Code § 39-6-43 (2021)
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39-6-43. Sworn testimony -- Read in evidence.
Enacted by Chapter 210, 1988 General Session
- (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
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