[_The Tribunal adjourned until 23 February 1946 at 1000 hours._]
SIXTY-SIXTH DAY Saturday, 23 February 1946
THE PRESIDENT: Before we deal with the applications, I am going to read the Tribunal’s order upon Dr. Stahmer’s memorandum of 4 February 1946 and the Prosecution’s motion of the 11th of February 1946. This is the order:
The Tribunal makes no order with regard to Paragraphs 2 to 5 of the Prosecution’s motion as to the evidence of the defendants, dated the 11th of February 1946.
With regard to Paragraphs 2 and 7 of Dr. Stahmer’s memorandum on defense procedure, dated the 4th of February 1946, the Tribunal makes the following order:
1. The defendants’ cases will be heard in the order in which the defendants’ names appear in the Indictment.
2. (a) During the presentation of a defendant’s case, defendant’s counsel will read documents, will question witnesses, and will make such brief comments on the evidence as are necessary to insure a proper understanding of it.
(b) The defendant’s counsel may be assisted in the courtroom by his associate counsel or by another defendant’s counsel. Such other counsel may help the defendant’s counsel in handling documents, _et cetera_, but shall not address the Tribunal or examine witnesses.
(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.