Responsa for Shevuot 61:14
אינה נוהגת אלא בראוין להעיד כו': לאפוקי מאי אמר רב פפא לאפוקי מלך ורב אחא בר יעקב אמר לאפוקי משחק בקוביא
When they<span class="x" onmousemove="('comment',' Litigants.');"><sup>13</sup></span> would come before Raba son of R'Huna, he would say to them, 'Remove your fine shoes, and come down for your case.'
Teshuvot Maharam
a) Q. Is a person who reached his majority, permitted to appoint a legal representative to argue his case in court? The Palestinian Talmud (Sanh. 2, 1) definitely implies that a high priest is permitted to appoint such a representative.
A. The statement in the Palestinian Talmud does not necessarily imply that an ordinary person is permitted to appoint a legal representative. It is possible that only a high priest is permitted to appoint such a representative, in order to save him the humiliation of appearing before a court having less authority than himself; but an ordinary person may not be permitted to make the appointment. In any case, all are agreed that a levir is not permitted to appoint a legal representative when his brother's widow demands that he fulfill the positive command (of God) to perform the ceremony of halitzah or to marry her. Moreover, a person commits a wrong when he consents to become a legal representative to a levir, thus helping to postpone the fulfillment of this positive command, and injuring the interests of the widow.
b) Q. Is a legal representative permitted to present before the court claims and arguments that will improve his client's case but which he knows to be false?
A. The plaintiff, or defendant, himself is not permitted to lie in order to improve his case in court; a legal representative, therefore, is surely not permitted to lie.
SOURCES: Cr. 246; L. 126, 127; Mord. B. M. 276; cf. P. 519; Mordecai Hagadol, p. 270a.
A. The statement in the Palestinian Talmud does not necessarily imply that an ordinary person is permitted to appoint a legal representative. It is possible that only a high priest is permitted to appoint such a representative, in order to save him the humiliation of appearing before a court having less authority than himself; but an ordinary person may not be permitted to make the appointment. In any case, all are agreed that a levir is not permitted to appoint a legal representative when his brother's widow demands that he fulfill the positive command (of God) to perform the ceremony of halitzah or to marry her. Moreover, a person commits a wrong when he consents to become a legal representative to a levir, thus helping to postpone the fulfillment of this positive command, and injuring the interests of the widow.
b) Q. Is a legal representative permitted to present before the court claims and arguments that will improve his client's case but which he knows to be false?
A. The plaintiff, or defendant, himself is not permitted to lie in order to improve his case in court; a legal representative, therefore, is surely not permitted to lie.
SOURCES: Cr. 246; L. 126, 127; Mord. B. M. 276; cf. P. 519; Mordecai Hagadol, p. 270a.
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Teshuvot Maharam
b) Q. Is a legal representative permitted to present before the court claims and arguments that will improve his client's case but which he knows to be false?
A. The plaintiff, or defendant, himself is not permitted to lie in order to improve his case in court; a legal representative, therefore, is surely not permitted to lie.
SOURCES: Cr. 246; L. 126, 127; Mord. B. M. 276; cf. P. 519; Mordecai Hagadol, p. 270a.
A. The plaintiff, or defendant, himself is not permitted to lie in order to improve his case in court; a legal representative, therefore, is surely not permitted to lie.
SOURCES: Cr. 246; L. 126, 127; Mord. B. M. 276; cf. P. 519; Mordecai Hagadol, p. 270a.
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Teshuvot Maharam
Q. A claims that he will not be able to argue his case properly because the partners, his opponents, being many, will confuse him. He demands that his friends be near him while he presents his arguments. May the partners object on the grounds that they do not want A's friends to listen to their private affairs, and that A's friends may direct A's presentation of his arguments by sly hints and facial expressions?
A. A cannot have his friends present at the trial, neither can the partners be present while one of them presents his claims, so that A may not be confronted with all the partners at the same time. Each partner shall present his claims separately and the verdict shall be passed on the accumulated evidence. If the court finds difficulty in remembering all the facts and claims, let the partners present their claims before two or three courts, or in two or three days to the same court, or let the court keep a written record of all claims.
SOURCES: Pr. 333; Mord. Shebu. 761; Rashba I. 1107.
A. A cannot have his friends present at the trial, neither can the partners be present while one of them presents his claims, so that A may not be confronted with all the partners at the same time. Each partner shall present his claims separately and the verdict shall be passed on the accumulated evidence. If the court finds difficulty in remembering all the facts and claims, let the partners present their claims before two or three courts, or in two or three days to the same court, or let the court keep a written record of all claims.
SOURCES: Pr. 333; Mord. Shebu. 761; Rashba I. 1107.
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