A History of Ancient Near Eastern Law

(Romina) #1

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and/or oral evidence. Written documents recording contracts or
agreements formerly concluded between the litigants or their prede-
cessors in title (e.g., parents, grandparents), were often cited at the
relevant point in the dispute or brought into court for the judges’
inspection.

3.3.5 Witnesses’ depositions were the most common means of acquir-
ing pertinent evidence. Note that in some instances, written docu-
ments record individual or joint oral depositions relevant to the
preparation of a lawsuit.^21

3.4 Decisions


3.4.1 Nuzi trials always ended in a definite decision of the judges
in favor of the plaintiffor of the defendant, which included a state-
ment of the penalties imposed, where appropriate. The standard
introductory formula of the verdict reads: “PN(s) prevailed in the
case” (PN(s) ina dìni iltê); after this, the tablets set out the contents
of the judicial decision in favor of the winner and against the loser.

3.4.2 In some instances, the final verdict in a case was postponed
until further evidence could be made available or interim judicial
orders could be executed.^22 These interlocutory decisions were labeled
“memorandum” (†uppi ta¢silti): they served as additional pieces of
documentary evidence that later on would be taken into account by
the judges in the final stage(s) of the case.^23

3.5 The “Lifting of the Gods”


Conflicting or inconclusive evidence adduced by the litigants could
prompt the judges to order one party to perform the ritual of

(^21) See, e.g., the differing reports relating to the intricate case recorded in JEN
321, 135, 184, 512, 325, 644, and 388. For bibliographic references, see Zaccagnini,
“Proprietà fondiaria.. .,” 707–8. An unique example of depositions gathered to
serve as evidence in a trial of a public nature is provided by fourteen tablets (AASOR
16 1–14) recording the accusations (at times followed by defense statements) of many
citizens of Nuzi against the mayor Ku““iharbe and some members of his office.
Most charges concern acts of corruption, abuse of office, and related crimes; we
do not know the final verdict of the trial or, indeed, if it ever took place.
(^22) See, e.g., HSS 5 46, 51; JEN 191, 338, 355, 365, etc.
(^23) As correctly pointed out by Müller, “Ein Massenprozess.. .,” memorandum
tablets did not exclusively refer to litigation.
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