Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg 14 November 1945-1 October 1946, Volume 08

by Various

3. Documentary evidence.

(a) Defendant’s counsel will hand to the General Secretary the original of any document which he offers in evidence if the original is in his possession. If the original is in the possession of the Prosecution, counsel will request the Prosecution to make the original of the document available for introduction in evidence. If the Prosecution declines to make the original available, the matter shall be referred to the Tribunal.

(b) Should the original of any such document be in the possession of the Tribunal, defendant’s counsel will hand to the General Secretary a copy of the whole or relevant part of such document, together with a statement of the document number and the date upon which it was received in evidence.

(c) Should counsel wish to offer in evidence a document, the original of which is not in his possession or otherwise available to the Tribunal, he will hand to the General Secretary a copy of the whole or relevant part of such document, together with an explanation as to where and in whose possession the original is located and the reason why it cannot be produced. Such copy shall be certified as being correct by an appropriate certificate.

4. Each defendant’s counsel will compile copies of the documents or parts of documents which he intends to offer in evidence into a document book, and six copies of such document book will be submitted to the General Secretary 2 weeks, if possible, before the date on which the presentation of the defendant’s case is likely to begin. The General Secretary will arrange for the translation of the document book into the English, French, and Russian languages, and the defendant’s counsel will be entitled to receive one copy of each of these translations.

5. (a) Defendant’s counsel will request the General Secretary to have the witnesses named by him and approved by the Tribunal available in Nuremberg; such request being made, if possible, at least 3 weeks before the date on which the presentation of a defendant’s case is likely to begin. The General Secretary will, as far as possible, have the witnesses brought to Nuremberg 1 week before this date.

(b) Defendant’s counsel will notify the General Secretary not later than noon on the day before he wishes to call each witness.

6. (a) A defendant who does not wish to testify cannot be compelled to do so, but may be interrogated by the Tribunal at any time under Articles 17(b) and 24(f) of the Charter.

(b) A defendant can only testify once.

(c) A defendant who wishes to testify on his own behalf shall do so during the presentation of his own defense. The right of Defense Counsel and of the Prosecution under Article 24(g) of the Charter to interrogate and cross-examine a defendant who gives testimony shall be exercised at that time.