§ 850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry

• (a) In any case not capital and 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 or military commission 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. This section does not apply to a military commission established under chapter 47A of this title.
• (b) Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.
• (c) Such testimony may also be read in evidence before a court of inquiry or a military board.
• (d) Sworn testimony that—
  • (1) is recorded by audiotape, videotape, or similar method; and
  • (2) is contained in the duly authenticated record of proceedings of a court of inquiry;