(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.
(d) A defendant who does not wish to testify on his own behalf but who
is willing to testify on behalf of a co-defendant may do so during the
presentation of the case of the co-defendant. Counsel for other
codefendants and for the Prosecution shall examine and cross-examine him
when he has concluded his testimony on behalf of the co-defendant.
(e) Subparagraphs (a), (b), (c), and (d) do not limit the power of the
Tribunal to allow a defendant to be recalled for further testimony in
exceptional cases, if in the opinion of the Tribunal the interest of
justice so requires.
7. In addition to the addresses of each defendant’s counsel under
Article 24(h), one counsel representing all the defendants will be
permitted to address the Tribunal on legal issues arising out of the
Indictment and the Charter which are common to all defendants, but in
making such address he will be held to strict compliance with Article 3
of the Charter. This address will take place at the conclusion of the
presentation of all the evidence on behalf of the defendants, but must
not last more than half a day. If possible, a copy of the written text
of the address shall be delivered to the General Secretary in time to
enable him to have translations made in the English, French, and Russian
languages.
8. In exercising his right to make a statement to the Tribunal under
Article 24(j), a defendant may not repeat matters which already have
been the subject of evidence or already have been dealt with by his
counsel when addressing the Court under Article 24(h), but will be
limited to dealing with such additional matters as he may consider
necessary before the judgment of the Tribunal is delivered and sentence
pronounced.
9. The procedure prescribed by this order may be altered by the Tribunal
at any time if it appears to the Tribunal necessary in the interest of
justice.
Now the Tribunal will deal with the application for witnesses and
documents on behalf of the Defendant Göring, and the procedure which the
Tribunal proposes to adopt is to ask counsel for the defendant whose
case is being dealt with to deal, in the first instance, with his first
witness, and then to ask Counsel for the Prosecution to reply upon that
witness and then, when that has been done, to ask defendant’s counsel to
deal with his second application for a witness, and then for the
Prosecution Counsel to deal with that witness; that is to say, to hear
the defendant’s counsel and the Prosecution Counsel upon each witness in
turn.
That procedure will probably not be necessary when the Tribunal comes to
deal with documents. Probably it will be more convenient for defendant’s
counsel to deal with the documents together and prosecuting counsel to
deal in answer to the documents together. But, so far as the witnesses
are concerned, each will be taken in turn.