§ 850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry

Statutory 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.

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.

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.

Audiotape or Videotape.—

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 before any such body under subsection (a), (b), or (c).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 54 · 70A Stat. 54
Enacted · 10 U.S.C. § 850
Aug. 10, 1956, ch. 1041, 70A Stat. 54
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 54
2006
Military Commissions Act of 2006
Pub. L. 109–366 § 4(a)(2) · 120 Stat. 2600
Inserted · 10 U.S.C. § 850(a)
Pub. L. 109–366 inserted last sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–366 inserted last sentence.
Enacted provision · exact public law section
(2) Exclusion of applicability to chapter 47a commissions.— Sections 821, 828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a), 104, and 106) are amended by adding at the end the following new sentence: “This section does not apply to a military commission established under chapter 47A of this title.”.
2016
Military Justice Act of 2016
Pub. L. 114–328 § 5232(b) · 130 Stat. 2000
1. Amended · 10 U.S.C. § 850
  Pub. L. 114–328, § 5232(b), amended section catchline generally
2. Substituted · 10 U.S.C. § 850
  Pub. L. 114–328, § 5232(b), substituting “Admissibility of sworn testimony from records of courts of inquiry” for “Admissibility of records of courts of inquiry”
Source evidence
Code amendment note
Pub. L. 114–328, § 5232(b), amended section catchline generally, substituting “Admissibility of sworn testimony from records of courts of inquiry” for “Admissibility of records of courts of inquiry”.
Enacted provision · exact public law section
(b) Section Heading.— The heading of such section (article) is amended to read as follows: “§ 850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry” .
Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
2016
Military Justice Act of 2016
Pub. L. 114–328 § 5232(c)(1) · 130 Stat. 2000
Inserted · 10 U.S.C. § 850(a)
Pub. L. 114–328, § 5232(c)(1), inserted heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–328, § 5232(c)(1), inserted heading.
Enacted provision · exact public law section
(1) in subsection (a), by inserting “Use as Evidence by Any Party.—” after “(a)”;
Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
2016
Military Justice Act of 2016
Pub. L. 114–328 § 5232(c)(2) · 130 Stat. 2000
Inserted · 10 U.S.C. § 850(b)
Pub. L. 114–328, § 5232(c)(2), inserted heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–328, § 5232(c)(2), inserted heading.
Enacted provision · exact public law section
(2) in subsection (b), by inserting “Use as Evidence by Defense.—” after “(b)”; and
Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
2016
Military Justice Act of 2016
Pub. L. 114–328 § 5232(c)(3) · 130 Stat. 2000
Inserted · 10 U.S.C. § 850(c)
Pub. L. 114–328, § 5232(c)(3), inserted heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 5232(c)(3), inserted heading.
Enacted provision · exact public law section
(3) in subsection (c), by inserting “Use in Courts of Inquiry and Military Boards.—” after “(c)”.
Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
2016
Military Justice Act of 2016
Pub. L. 114–328 § 5232(a) · 130 Stat. 2000
Added · 10 U.S.C. § 850(d)
Pub. L. 114–328, § 5232(a), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–328, § 5232(a), added subsec. (d).
Enacted provision · exact public law section
(a) In General.— Section 850 of title 10, United States Code (article 50 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: “(d) Audiotape or Videotape.— 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; 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).” .
Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

7 of 8 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
850(a)850(b)	50:625(a).50:625(b).	May 5, 1950, ch. 169, § 1 (Art. 50), 64 Stat. 124.
850(c)	50:625(c).

In subsections (a) and (b), the word “commissioned” is inserted for clarity.

Editorial Notes

Amendments2006–2016 · 2 rounds

2016

Pub. L. 114–328, § 5232(b), amended section catchline generally, substituting “Admissibility of sworn testimony from records of courts of inquiry” for “Admissibility of records of courts of inquiry”.

Subsec. (a). Pub. L. 114–328, § 5232(c)(1), inserted heading.

Subsec. (b). Pub. L. 114–328, § 5232(c)(2), inserted heading.

Subsec. (c). Pub. L. 114–328, § 5232(c)(3), inserted heading.

Subsec. (d). Pub. L. 114–328, § 5232(a), added subsec. (d).

2006

Subsec. (a). Pub. L. 109–366 inserted last sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Credits

1956–2016 · 3 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 54
2006Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631
2016Pub. L. 114–328, div. E, title LVII, § 5232, Dec. 23, 2016, 130 Stat. 2915.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 114–328, div. E, title LVII, § 5232, Dec. 23, 2016, 130 Stat. 2915.)