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PRELIMINARY
HEARING
Thursday, 15 November
1945
THE PRESIDENT:
The Tribunal has invited the Defense Counsel to be present here today as
it desires that they shall thoroughly understand the course which the
Tribunal proposes the proceedings at trial should take.
The
Tribunal is aware that the procedure provided for by the Charter is in
some respects different from the procedure to which Defense Counsel are
accustomed. They therefore desire that Defense Counsel should be under
no misapprehension as to course which must be followed.
Article
24 of the Charter provides for the reading of the Indictment in Court,
but in view of its length, and the fact that its contents are now
probably well known, it may be that Defense Counsel will not think it
necessary that it should be read in full.
The opening of cases
for the Prosecution will necessarily take a long time, and during that
time Defense Counsel will have an opportunity to complete their
preparations for defense.
When witnesses for the Prosecution
are called, it must be understood that it is the function of Counsel for
the Defense to cross-examine the witnesses, and that it is not the
intention of the Tribunal to cross-examine the witnesses themselves.
The Tribunal will not call upon the Defense Counsel to state
what evidence they wish to submit until the case for the Prosecution has
been closed.
As Defense Counsel already know, the General
Secretary of the Tribunal makes every effort to obtain such evidence,
both witnesses and documents, as the Defense wish to adduce and the
Tribunal approves.
The General Secretary is providing, and
will provide, lodging, food, and transportation for Defense Counsel and
witnesses while in Nuremberg. And though the living conditions provided
may not be all that can be desired, Defense Counsel will understand that
there are great difficulties in the present circumstances and efforts
will be made to meet any reasonable request.
Defense Counsel
have been provided with a Document Room and an Information Center where
documents translated into German are available for the Defense, subject
to the necessary security regulations. It is important that Defense
Counsel should notify the General Secretary as long as possible, and at
least 3 weeks in ordinary cases, in advance, of witnesses or documents
they require.
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