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3.2.1 Most documents record the appearance of both parties in
court. In one case, following an accusation, the accuser and the
accused are simply said to argue their case before the judge.^33 In
other cases, the person instigating the lawsuit would bring the accused
before the court. The wronged party could “seize” (ßabàtu),^34 “hold/
imprison” (kalû)^35 a suspect, or “detain” (esèru, lit., “press”)^36 or “hale”
(taràßu) him before the judge.^37 One suspected thief, already seized
and in prison (kili), petitioned for and received a hearing from a
high priestess, who then released him on condition that he produce
the true guilty party.^38 In a dispute over the purchase of a slave, lit-
igants on both sides distrain persons until the dispute reaches the
level of the ¢azannu(who orders a settlement).^393.2.2 The trial began when first the accuser and then the accused
presented their case before the judge(s). The judge(s) would then
question the parties for clarification and to determine what measures
had already been taken. At this stage the judges might ask for evi-
dence, for example, they could send officers to interview witnesses,^40
or send the accused party to take an exculpatory oath (see 3.3.3
below). If the accused took the oath, his statement was considered
truthful and the judge would decide in his favor; if he “turned away”
from the oath, then his statement was considered false and the deci-
sion would go against him. In the one clear-cut instance of excul-
patory oath-taking,^41 both parties are sent to the temple (though we
cannot know if both parties actually took the oath). Witnesses could
also be sent to take the oath.^42 The court could also order the par-
ties to the river for the ordeal (3.3.4).3.2.3 If the court could decide the case after hearing the evidence, it
could order payment or restitution of property in the form of livestock^43(^33) UET 7 9.
(^34) E.g., UET 7 3, 15.
(^35) E.g., UET 7 15.
(^36) E.g., UET 7 6.
(^37) E.g., UET 7 8.
(^38) UET 7 7.
(^39) UET 7 2.
(^40) E.g., BBSt. 3 and BE 1/1 83.
(^41) UET 7 6.
(^42) E.g., TuM 5 69 (= Petschow MB Rechtsurkunden 13).
(^43) UET 7 9, 43.
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