
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7730]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                CHAPTER 657--STAY OF JUDICIAL PROCEEDINGS
 
Sec. 7730. 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
7730..................................  46 U.S.C. 795.                       Ju
ly 3, 1944, ch. 399, Sec.  5, 58
                                                                              S
tat. 725.
-------------------------------------------------------------------------------
---------------------------------

    The words ``naval'', ``board of investigation'', and ``Coast Guard 
investigation'' are omitted as surplusage.
