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III. STATEMENTS OF THE TRIBUNAL CHIEF OF PROSECUTION COUNSEL, AND
DEFENSE COUNSEL
ON THE ORDER OF TRIAL AND CERTAIN
RULES
OF PROCEDURE* |
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PRESIDING JUDGE ANDERSON: Now, for the benefit of counsel for both
the prosecution and the defense, the Tribunal desires to make certain
announcements and observations.
Because of the time required for the
translation of documents, it will be necessary that they be filed at some date
in advance of the conclusion of the trial of the case. For that reason, after
the taking of evidence begins, a date will be fixed by this Tribunal, of which
you will have ample and due notice, after which no documents will be received.
It will be necessary, therefore, that you get your documents in order and be
ready to present them early in the trial of the case. We warn you now that when
this deadline date has been fixed, no documents will be received thereafter.
The Tribunal is of the opinion that the reading of documents at the
time they are introduced in evidence will not be helpful and will consume too
much of the Tribunal’s time during court hours. All documents admitted in
evidence will be read in full and analyzed by the Tribunal prior to final
judgment. You will simply identify your documents; both the prosecution and the
defense introduce them in evidence, calling the Tribunal’s attention to
the material portions of the exhibits, and later, of course, you may refer to
them in your briefs or final argument.
Counsel will not be expected to,
nor will it be necessary to, object to the admission of documents at the time
they are offered. Such objections may be made later in the briefs to be filed
by counsel, or in final argument.
The Tribunal in its final judgment
will exclude from consideration all documents which, in the opinion of the
members of the Tribunal, have no probative value. We desire to make this clear
to both sides at the outset. We will countenance no unusual or unreasonable
delays when the taking of testimony once gets under way. We will grant no long
continuances and will recess only for short periods as may seem reasonable and
just under all of the circumstances.
Our chief purpose will be to see
that this case is heard expedi- […tiously] |
__________
* The statements reproduced
herein were [made on two different occasions, just following the arraignment of
the defendants on 17 November 1947 (Tr. pp. 10-14), and just preceding
the opening statement of the prosecution on 8 December 1947 (Tr. pp.
15-17), Most of the procedural matters arising in the Krupp trial, however,
are not covered by the materials reproduced in this volume. In volume XV,
Procedure, a large number of the procedural matters arising in all war crimes
trials in Nuernberg will be covered.
54 |
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