Summary of changes
Article 50 — Admissibility of sworn testimony from records of courts of inquiry
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
6 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
50(a)
unchanged
Original text
USE AS EVIDENCE BY ANY PARTY—
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.
Current text
USE AS EVIDENCE BY ANY PARTY—
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.
50(b)
unchanged
Original text
USE AS EVIDENCE BY DEFENSE—
Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.
Current text
USE AS EVIDENCE BY DEFENSE—
Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.
50(c)
unchanged
Original text
USE IN COURTS OF INQUIRY AND MILITARY BOARDS—
Such testimony may also be read in evidence before a court of inquiry or a military board.
Current text
USE IN COURTS OF INQUIRY AND MILITARY BOARDS—
Such testimony may also be read in evidence before a court of inquiry or a military board.
50(d)
unchanged
Original text
AUDIOTAPE OR VIDEOTAPE.—
Sworn testimony that—
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 before any such body under subsection (a), (b), or (c).
Current text
AUDIOTAPE OR VIDEOTAPE.—
Sworn testimony that—
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 before any such body under subsection (a), (b), or (c).
50(d)(1)
unchanged
Original text
is recorded by audiotape, videotape, or similar method; and
Current text
is recorded by audiotape, videotape, or similar method; and
50(d)(2)
unchanged
Original text
is contained in the duly authenticated record of proceedings of a court of inquiry;
Current text
is contained in the duly authenticated record of proceedings of a court of inquiry;
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.