Anacrĭsis
(
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 (
μηδ̓
είς ἄγκρισιν ἐλθεῖν). The archons were the proper officers for the
ἀνάκρισις. See Meier and Schömann,
Attische
Process; Platner,
Process und Klagen; and the articles
Archon; Antigraphé
Antomosia.