Wisconsin Statutes 322.050 – Article 50 – Admissibility of records of courts of inquiry
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Terms Used In Wisconsin Statutes 322.050
- 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.
- Officer: means a commissioned or warrant officer. See Wisconsin Statutes 322.001
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Record: when used in connection with the proceedings of a court-martial, means any of the following:
(a) An official written transcript, written summary, or other writing relating to the proceedings. See Wisconsin Statutes 322.001Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01 Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) 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 evidence.
(2) Testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(3) Testimony may also be read in evidence before a court of inquiry.