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

---
identifier: "/us/usc/t10/s850"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 850 - Art. 50. Admissibility of sworn testimony from records of courts of inquiry"
title_number: 10
title_name: "ARMED FORCES"
section_number: "850"
section_name: "Art. 50. Admissibility of sworn testimony from records of courts of inquiry"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "VII"
subchapter_name: "TRIAL PROCEDURE"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


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

**(a)** **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.

**(b)** **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.

**(c)** **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.

**(d)** **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).

**(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;

---

**Source Credit**: (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.)

| 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

### Amendments

2016—, 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). , inserted heading.

Subsec. (b). , inserted heading.

Subsec. (c). , inserted heading.

Subsec. (d). , added subsec. (d).

2006—Subsec. (a).  inserted last sentence.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2016 Amendment

Amendment by  effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see  and Ex. Ord. No. 13825, set out as notes under .