Arizona Laws 26-1050. Admissibility of records of courts of inquiry
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A. In any case 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, if otherwise admissible under the rules of evidence, may 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.
Terms Used In Arizona Laws 26-1050
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military: means any or all of the armed forces of this state, the United States or any other state. See Arizona Laws 26-1001
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. This testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
C. This testimony may also be read in evidence before a court of inquiry or a military board.