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Utah · Through 2026 General Session

Utah Code § 39A-5-221: Sworn testimony -- Read in evidence.

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Where this section sits in the code
  1. Title 39A National Guard and Militia Act
  2. Chapter 39A-5 Utah Code of Military Justice
  3. 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

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