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.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

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.