The parties, having found a judge and obtained a day for hearing, “entered,” or “went down to,” the great temple of Shamash, at Sippara, called Ebabbarim.[105] There, as we know, Ḥammurabi set up one of the copies of the Code. The case was heard sometimes at the “old gate.”[106] At Babylon, the parties were taken to the temple of Merodach, Esagila.[107] At Larsa, the “gate” of NIN-MAR-KI, or the temple of Sin, might be chosen.[108] The temple of Ishhara is also named.[109]
Legal procedure
5. Procedure.—We have only scattered hints regarding legal procedure. The Code says that the judges “saw the pleas.”[110] The scribe uses the same expression.[111] As a rule, he records the plaintiff's statement of claim first. Then he records a counter-statement. There is a strong [pg 090] suggestion that he quotes from written documents. The judges read these, or heard the verbal statements.
The deity the theoretical source of all judicial authority
As part of the legal process, the object in dispute, or, at any rate, the deeds relating to it, were brought into court, and resigned into the hands of the god.[112] He was to discern the rightful owner and restore the object to him. Hence the decision was “the judgment of Shamash in the house of Shamash,[113] the judgment of the house of Shamash.”[114] So the defendant was said “to make his account before Shamash.”[115] In bringing a suit the parties “sought the altar of Shamash.”[116] In case of loss or damage, the claimant recounted it “before god.”
Summoning witnesses
In confirmation of the statements alleged witnesses might be called for, who were put on oath before god and the king. They were supposed to know the object claimed and whose it was,[117] or to know that a transaction had taken place.[118]
Bribing witnesses
Tampering with witnesses, or with a jury, was penalized by the Code.[119] The judges might refuse to accept the witness,[120] and then might decide the case on the sworn deposition of the plaintiff.
Different kinds of testimony