Sec. 50.
(1) If not extending to the dismissal of an 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, if otherwise admissible under the rules of evidence, may be read in evidence by any party before a court-martial, if the accused was a party before the court of inquiry, if the same issue was involved or if the accused consents to the introduction of the evidence, and if the accused was physically present when the testimony was taken.
(2) The testimony shall be read in evidence only by the defense in cases extending to the dismissal of an officer.
(3) The testimony also may be read in evidence before a court of inquiry or a military board.
History: 1980, Act 523, Eff. Mar. 31, 1981
Structure Michigan Compiled Laws
Chapter 32 - Military Establishment
Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148)
Article 7 - (32.1036...32.1054)
Section 32.1040 - Continuances.
Section 32.1041 - Challenges for Cause and Peremptory Challenges.
Section 32.1043 - Trial and Punishment; Limitations; Computation of Time Period.
Section 32.1044 - Trial of Accused Twice for Same Offense Prohibited.
Section 32.1048 - Military Court; Contempt Power; Punishment.
Section 32.1049 - Depositions.
Section 32.1050a - Lack of Mental Responsibility as Affirmative Defense.
Section 32.1053 - Announcement by Court-Martial of Findings and Sentence.