WVC 15 - 1 E- 50
§15-1E-50. Admissibility of records of courts of inquiry.
(a) 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.
(b) Such testimony may be read in evidence only by the defense
in cases extending to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court