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The prosecution, when presenting a
document in Court, will physically hand the original, or the certified
photostatic copy serving as the original, to the clerk of the Tribunal,
and give the document a prosecution exhibit number.
In the IMT trial, the usual practice, to which there were many
exceptions, was that only those documents or portions of documents which
had been read aloud in Court were considered to be in evidence and part
of the record. Now this was due to the fact that the IMT trial was
conducted in four languages and only through that method were
translations in all four languages ordinarily available. However the IMT
ruled several times, for example on 17 December 1945, that documents
which had been translated into all four languages and made available to
defense counsel in the Defendants' Information Center were admissible in
evidence without being read in full.
The prosecution believed that, under the circumstances of this trial,
which will be conducted in German and English only, and with all the
prosecution's documents translated into German, it will be both
expeditious and fair to dispense with the reading in full of all
documents or portions of documents. The prosecution will read some
documents in full, particularly in the early stages of the trial, but
will endeavor to expedite matters by summarizing documents when
possible, or otherwise calling the attention of the Tribunal to such
passages therein as are deemed important and relevant.
With respect to the order of trial, the prosecution intends to follow,
to a large degree, the order in which the various experiments are set
forth in the indictment. There will be some exceptions to that; for
instance, we will present the sea-water experiments, the proof of
seawater experiments following the malaria experiments, which will be
third in order, and in time we will move to the proof of reading the
Lost gas experiments because of the overlapping of the testimony of
certain witnesses. Insofar as possible, we will endeavor to present all
of the evidence relating to a particular experiment at the same time.
This will be impossible, of course. where the testimony of a witness
overlaps several experiments.
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