designated by the Tribunal, provided that (1) only
one counsel shall be permitted to appear at the trial for any
defendant, unless by special permission of the Tribunal, and (2) no
delay of trial will be allowed for making such substitution or
association.
Rule 3. Service of Additional Documents.
If, before the trial, the Chief Prosecutors offer amendments or
additions to the Indictment, such amendments or additions, including
any accompanying documents shall be lodged with the Tribunal and
copies of the same, translated into a language which they each
understand, shall be furnished to the defendants in custody as soon
as practicable and notice given in accordance with Rule 2 (b) to
those not in custody.
Rule 4. Production of Evidence for the Defense.
(a) The Defense may apply to the Tribunal for the production of
witnesses or of documents by written application to the General
Secretary of the Tribunal. The application shall state where the
witness or document is thought to be located, together with a
statement of their last known location. It shall also state the facts
proposed to be proved by the witness or the document and the reasons
why such facts are relevant to the Defense.
(b) If the witness or the document is not within
the area controlled by the occupation authorities, the Tribunal may
request the Signatory and adhering Governments to arrange for the
production, if possible, of any such witnesses and any such documents
as the Tribunal may deem necessary to proper presentation of the
Defense.
(c) If the witness or the document is within the area controlled
by the occupation authorities, the General Secretary shall, if the
Tribunal is not in session, communicate the application to the Chief
Prosecutors and, if they make no objection, the General Secretary
shall issue a summons for the attendance of such witness or the
production of such documents, informing the Tribunal of the action
taken. If any Chief Prosecutor objects to the issuance of a summons,
or if the Tribunal is in session, the General Secretary shall submit
the application to the Tribunal, which shall decide whether or not
the summons shall issue.
(d) A summons shall be served in such manner as may be provided
by the appropriate occupation authority to ensure its enforcement and
the General Secretary shall inform the Tribunal of the steps taken.
(e) Upon application to the General Secretary of the Tribunal, a
defendant shall be furnished with a copy, translated into language
which he understands, of all documents referred to in the Indictment
so far as they may be. made available by the Chief