Statutes > Iowa Statutes > Title 1 - State Sovereignty and Management > Subtitle 11 - Defense > CHAPTER 29B - MILITARY JUSTICE > 29B.51 - ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY.

29B.51 - ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY.

        29B.51  ADMISSIBILITY OF RECORDS OF COURTS OF
      INQUIRY.
         1.  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 in 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 such evidence.
         2.  Such testimony may be read in evidence only by the defense in
      cases extending to the dismissal of a commissioned officer.
         3.  Such testimony may also be read in evidence before a court of
      inquiry or a military board.
         Section History: Early Form
         [C66, 71, 73, 75, 77, 79, 81, § 29B.51]
         Section History: Recent Form
         2008 Acts, ch 1032, § 201