Utah Code 39A-5-221. Sworn testimony — Read in evidence
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(1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if:
Terms Used In Utah Code 39A-5-221
- Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
- 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 the United States. See Utah Code 39A-5-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)(a) the sworn testimony is otherwise admissible under the rules of evidence;
(1)(b) the accused was a party before the court of inquiry;
(1)(c) the same issue was involved or the accused consents to the introduction of the evidence; or
(1)(d) the accused was physically present when the testimony was taken.
(2) The testimony may be read in evidence:
(2)(a) before a court of inquiry or a military board; or
(2)(b) by the defense only in cases extending to the dismissal of a commissioned officer.