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Anacrisis
(ἀνάκρισις). The pleadings preparatory to a trial at Athens, the object of which was to determine, generally, if the action would lie (ἐξετάζουσι δὲ καὶ εἰ ὅλως εἰσάγειν χρή). The magistrates were said ἀνακρίνειν τὴν δίκην, or τοὺς ἀντιδίκους, and the parties ἀνακρίνεσθαι. The process consisted in the production of proofs, of which there were five kinds:
(1) the laws;
(2) written documents, the production of which by the opposite party might be compelled by a δίκη εἰς ἐμφανῶν κατάστασιν;
(3) testimonies of witnesses present (μαρτυρίαι), or affidavits of absent witnesses (ἐκμαρτυρίαι);
(4) depositions of slaves extorted by the rack;
(5) the oath of the parties. All these proofs were committed to writing, and placed in a box secured by a seal (ἐχῖνος) till they were produced at the trial. The name ἀνάκρισις is given to the pleadings, considered expressly as a written document, in Isaeus. If the evidence produced at the anacrisis was so clear and convincing that there could not remain any doubt, the magistrate could decide the question without sending the cause to be tried before the dicasts: this was called διαμαρτυρία. In this case, the only remedy for the person against whom the decision was given was to bring an action of perjury against the witnesses (ψευδομαρτυρῶν δίκη). These pleadings, like our own, were liable to vexatious delays on the part of the litigants, except in the case of actions concerning merchandise, benefit societies, mines, and dowries, which were necessarily tried within a month from the commencement of the suit, and were therefore called ἔμμηνοι δίκαι. The word ἀνάκρισις is sometimes used of a trial in general (μηδ είς ἄγκρισιν ἐλθεῖν). The archons were the proper officers for the ἀνάκρισις.
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