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§30-13-53  Admissibility of records of courts of inquiry. –


Published: 2015

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TITLE 30

Military Affairs and Defense

CHAPTER 30-13

Rhode Island Code of Military Justice

SECTION 30-13-53



   § 30-13-53  Admissibility of records of

courts of inquiry. –

(a) 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 had the opportunity to cross-examine the witness and if the same

issue was involved or if the accused consents to the introduction of the

evidence.



   (b) This testimony may be read in evidence only by the

defense in cases extending to the dismissal of a commissioned officer.



   (c) This testimony may also be read in evidence before a

court of inquiry or a military board.



History of Section.

(G.L. 1956, § 30-13-53; P.L. 1962, ch. 82, § 1.)