Lawsuits, whether public or private, were also distinguished as [Greek: dikai kata tinos] or [Greek: pros tina], according as the defeated party could or could not be personally punished. Actions ([Greek: agones]) were also distinguished as [Greek: agones timetoi] ("to be assessed"), in which the amount of damages had to be determined by the court, because it had not been fixed by law, and [Greek: atimetoi] ("not to be assessed"), in which the damages had _not_ to be determined by the court, because they had already been fixed by law or by special agreement. Among special kinds of action were [Greek: apagoge], [Greek: ephegesis] and [Greek: endeixis]. These could only be employed when the offence was patent and could not be denied. In the first, the person accused was summarily arrested by the prosecutor and haled into the presence of the proper official. In the second, the accuser took the officer with him to arrest the culprit (Dem. xxii. 26). In the third, he lodged an information with the official, and left the latter to effect the capture. [Greek: Phasis], a general term for many kinds of legal "information," was a form of procedure specially directed against those who injured the fiscal interests of the state, and against guardians who neglected the pecuniary interests of their wards. [Greek: Apographe] was an action for confiscating property in private hands, which was claimed as belonging to the state, the term being derived from the claimants' written inventory of the property in question. Ordinary legal procedure. The ordinary procedure in all lawsuits, public or private, began with a personal summons ([Greek: prosklesis]) of the defendant by the plaintiff accompanied by two witnesses ([Greek: kleteres]). If the defendant failed to appear in court, these witnesses gave proof of the summons, and judgment went by default.