§ 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;