Utah Code § 39A-5-221: Sworn testimony -- Read in evidence.
Where this section sits in the code
- Title 39A National Guard and Militia Act
- Chapter 39A-5 Utah Code of Military Justice
- Part 39A-5-2 Military Courts
(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:
(a) the sworn testimony is otherwise admissible under the rules of evidence;
(b) the accused was a party before the court of inquiry;
(c) the same issue was involved or the accused consents to the introduction of the evidence; or
(d) the accused was physically present when the testimony was taken.
(2) The testimony may be read in evidence:
(a) before a court of inquiry or a military board; or
(b) by the defense only in cases extending to the dismissal of a commissioned officer.
Collected 2026-09-03T11:34:33Z. Source file · JSON