South Dakota Codified Laws 33-10-145. Admissibility of records of courts of inquiry
In any case 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 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.
Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
Terms Used In South Dakota Codified Laws 33-10-145
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Record: when used in connection with the proceedings of a court-martial:
(a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Such testimony may also be read in evidence before a court of inquiry.
Source: SL 2012, ch 175, § 126.