10 USC 8900 – Evidence admissible when witness is not available
Whenever the court is satisfied by appropriate evidence or by agreement of counsel that the United States or the claimant is unable after reasonable efforts to secure the testimony of a witness and—
(1) the United States or the claimant has been prevented by a stay under this chapter from examining the witness; or
(2) the United States establishes that it has refrained from bringing a suit or from taking the testimony of the witness in a pending suit to avoid endangering the security of naval operations or interfering with such operations;
the court shall receive in evidence in place of the testimony of the witness—
(1) the affidavit of the witness duly sworn to before a notary public or other authorized officer; or
(2) the statement or testimony of the witness before a court-martial, a court of inquiry, or an investigation; but the use of such statement or testimony does not, in any litigation, make the remainder of the record admissible or compel the United States to produce the remainder of the record.
The court shall give such weight to the affidavit, statement, or testimony as it considers proper under the circumstances.
Terms Used In 10 USC 8900
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.