§ 39A-5-221. Sworn testimony -- Read in evidence.

(1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if: (a) the sworn testimony is otherwise admissible under the rules of evidence; (b) the accused was a party before the court of inquiry; (c) the same issue was involved or the accused consents to the introduction of the evidence; or (d) the accused was physically present when the testimony was taken. (2) The testimony may be read in evidence: (a) before a court of inquiry or a military board; or (b) by the defense only in cases extending to the dismissal of a commissioned officer.