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3.1 Parties
Access to the courts appears to have been available without dis-
tinction as to gender or class. Slaves appear as litigants only when
their own status is at issue. Priests sue each other over sacral prop-
erty in the secular court (NG 115).3.2 Procedure^50
3.2.1 When a person sues (inim.. .gar), the court may as a pre-
liminary step appoint a ma“kim, who will prepare the evidence, e.g.,
by taking depositions (NG 121, 138). The ma“kim had power to
interrogate but not apparently to arrest (NG 121). For the latter pur-
pose, the court might send a gendarme (aga 3 -ús: NG 120a, 202:1–9)
or an officer (nu-banda 3 : NG 121), although self-help may have
been more usual (cf. NG 41). The local mayor (¢a-za-nu) could also
be involved in securing persons and property for the hearing (NG
120a, 120b).3.2.2 It was the responsibility of the parties to bring their own wit-
nesses. The court could set a time limit for the production of wit-
nesses (NG 209:30–59; Sigrist 1).3.2.3 Evidence was given unsworn, and if conflicting, the court
could decide to put the witnesses of one side to the oath (nam-érim).
The oath proceeding took place in the temple, not the court (e.g.,
NG 126) and marked the termination of court proceedings. If taken,
it was absolutely decisive; refusal to take the oath meant loss of
the suit. The trial records therefore end with the court’s order as
to the oath, at which point they can record that the case is closed
(di-til-la).3.2.4 A weaker form of the oath, by the name of the king (mu-
lugal—usually reserved for promissory oaths) was sometimes employed
by a party on his own initiative, e.g., “I do not owe you silver.(^50) Falkenstein, GerichtsurkundenI.. ., 59–63, 74–80.
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