(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 may, if otherwise admissible under the rules of evidence, be read into evidence by any party before a court-martial 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 the evidence.
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Terms Used In Hawaii Revised Statutes 124B-75

  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124B-1
  • 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: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The sworn testimony admissible under subsection (a) may be read into evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c) The sworn testimony admissible under subsection (a) may be read into evidence before a court of inquiry or military board.
(d) Sworn testimony that is:

(1) Recorded by audiotape, videotape, or similar method; and
(2) Contained in the duly authenticated record of proceeding of a court of inquiry, is admissible before a court-martial, court of inquiry, or military board, to the same extent as sworn testimony may be read into evidence before any body under subsections (a), (b), or (c).
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