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There are no cases where a slave was a litigant (except where the
issue was his slave status). In one case where a slave’s business trans-
action was at issue, it was his mistress who litigated (OLA 21 24;
cf. BE 6/1 103 = UAZP 273).3.2 Procedure
A standard procedure applied to all private actions, with slight vari-
ants according to the nature of the cause. Formal proceedings could
begin prior to the trial, with a claim before witnesses, followed by
a rebuttal.^29 If no settlement was reached at this stage, one or both
parties (not necessarily the original claimant) would “approach” the
judges.^30 In cases concerning debt or crime, the claimant would
“seize” the other party and bring him before the court.^31 This could
happen in other causes also, but in property disputes and the like
was probably little more than a formality. In one such case, both
parties “seize” each other (CT 2 43:1–4).3.2.1 For the most part, it seems that parties relied on self-help to
bring their opponent to court. Nonetheless, the courts did have pow-
ers to order the appearance of parties, on the basis of a unilateral
application. In ARN 163, the king (sitting as a court of first instance)
dispatches a soldier to fetch the defendant to a claim of non-pay-
ment brought by a female litigant (cf. AbB 2 19). Although it is not
clear what executive mechanism they relied on, local courts also had
this power (AbB 9 268; 11 158).3.2.2 The trial proper began with a reiteration by the parties of
the formal claim and rebuttal, after which evidence was presented.
The procedure was partly adversarial and partly inquisitorial. On
the one hand, the parties were responsible for presenting their case
and marshaling their evidence. On the other hand, the court had
extensive powers to summon witnesses on its own initiative and to
interrogate witnesses. By far its most important powers were with(^29) Ibid., 289–91; AfO 25 (1974–77) 72–82 III; VAS 22 28; cf. LH 9.
(^30) Dombradi, Darstellung.. ., 304–8. At Larsa, the parties approached an official,
who sent them to the appropriate court.
(^31) CT 6 34b = Dombradi, Darstellung.. ., §394; UCP 10/1 107 = Greengus,
Ischali.. ., 171–73; UET 5 257; cf. AbB 2 106.
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