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3.2.2 In preparation for trial by a higher court, a deposition could
be taken before a local tribunal, such as the màr banê(4.1 below). It
was recorded under the format: “These are the witnesses before
whom (PN stated.. .)” (annùti mukinnù “a ina pànì“unu.. .).3.2.3 A number of litigation records begin with the statement that
one party has approached (ma¢àru/ka“àdu) the judges with regard to
a particular matter. The judges, having heard the plaintiff’s claim,
had the power to summon the defendant (ibukùnim-ma ina ma¢ar“unu
u“zizzù:RA12 (1915) 6). In order to get a powerful opponent to
appear in court, a plaintiffmight apply first to a senior official such
as the provincial governor (“àkin màti), who would send both parties
to the appropriate court (BIN 2 134).3.2.4 The court would first hear the statements of the plaintiffand
defendant, before proceeding to an inquiry. Documents were read
aloud (“asû) in court. The judges had the power to interrogate par-
ties and witnesses. They could also summon evidence of their own
initiative, dispatching a court officer (kizû) for this purpose.3.2.4.1 In criminal trials involving theft or misappropriation of tem-
ple property, a procedure known as “interrogation” (ma“"altu) was
used.^43 It is to be distinguished from the questioning of witnesses in
court; it took place prior to the hearing, under the supervision of
one or more officials, and involved torture by an instrument known
as the “interrogation ladder” (simmiltu “a ma“"alti).^44 This would account
for the fact that persons accused of misappropriating temple prop-
erty are almost invariably recorded as having confessed (eli ram(a)ni“u
ukìn).^45 The procedure is recorded only with accused, not witnesses,
but there are a few references to persons making a statement “with-
out interrogation” (“a là ma“"altu), including a slave with regard to
a theft by his owner’s son (YOS 7 10).3.2.5 There are a number of records attesting to the use of a con-
ditional verdict.^46 The condition was almost always that another wit-(^43) San Nicolò, “ma“"altu...”
(^44) Jursa, “Akkad.. .,” 199, 210. See CAD S 275 mng. 3: “rack of inquisition.”
Already surmised by San Nicolò, “ma“"altu.. .,” 301–2.
(^45) San Nicolò, ibid.
(^46) The following summary is based on the analysis of Wells, Law of Testimony.. .,
148–75.
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