(a) (1) Subject to paragraphs (2) and (3) of this subsection, 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 if the same issue was involved or if the accused consents to the introduction of such evidence.
(2) Testimony described in paragraph (1) of this subsection may be read in evidence:
(i) by the defense in cases extending to the dismissal of a commissioned officer; and
(ii) before a court of inquiry.
(b) Sworn testimony that is recorded by audiotape, videotape, or similar method and is contained in the duly authenticated record of proceedings of a court of inquiry is admissible before a court–martial, military commission, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence.
Structure Maryland Statutes
Title 13A - Maryland Code of Military Justice
Section 13A-701 - Military Rules of Evidence and the Rules for Courts-Martial
Section 13A-702 - Unlawfully Influencing Action of Court
Section 13A-703 - Duties of Trial Counsel and Defense Counsel
Section 13A-705 - Continuances
Section 13A-707 - Oaths or Affirmations
Section 13A-708 - Statute of Limitations
Section 13A-709 - Former Jeopardy
Section 13A-710 - Pleas of the Accused
Section 13A-711 - Opportunity to Obtain Witnesses and Other Evidence
Section 13A-712 - Refusal to Appear or Testify
Section 13A-715 - Admissibility of Records of Courts of Inquiry
Section 13A-715.1 - Defense of Lack of Mental Responsibility
Section 13A-716 - Voting and Rulings
Section 13A-717 - Number of Votes Required
Section 13A-718 - Court to Announce Action