The action was begun by presenting a written statement of the case to the magistrate who presided over trials of the class in question. If the statement were accepted, court-fees were paid by both parties in a private action, and by the prosecutor alone in a public action. The magistrate fixed a day for the preliminary investigation ([Greek: anakrisis]), and, whenever several causes were instituted at the same time, he drew lots to determine the order in which they should be taken. Hence the plaintiff was said "to have a suit assigned him by lot" ([Greek: lanchanein diken]), a phrase practically equivalent to "obtaining leave to bring an action." At the [Greek: anakrisis] the plaintiff and defendant both swore to the truth of their statements. If the defendant raised no formal protest, the trial proceeded in regular course ([Greek: euthydikia]), but he might contend that the suit was inadmissible, and, to prove his point, might bring witnesses to confront those on the side of the plaintiff ([Greek: diamartyria]), or he might rely on argument without witnesses by means of a written statement traversing that of the plaintiff ([Greek: paragraphe]). The person who submitted the special plea in bar of action naturally spoke first, and, if he gained the verdict, the main suit could not come on, or, at any rate, not in the way proposed or before the same court. A cross-action ([Greek: antigraphe]) might be brought by the defendant, but the verdict did not necessarily affect that of the original suit. Documents. Challenges. In the preliminary examination copies of the laws or other documents bearing on the case were produced. If any such document were in the hands of a third person, he could be compelled to produce it by an action for that purpose ([Greek: eis emphanon katastasin]). The depositions were ordinarily made before the presiding officer and were taken down in his presence. If a witness were compelled to be absent, a certified copy of his deposition might be sent ([Greek: ekmartyria]). The depositions of slaves were not accepted, unless made under torture, and for receiving such evidence the consent of both parties was required. Either party could challenge the other to submit his slaves to the test ([Greek: proklesis eis basanon]), and, in the event of the challenge being refused, could comment on the fact when the case came before the court. Either party could also challenge the other to take an oath ([Greek: proklesis eis horkon]), and, if the oath were declined, could similarly comment on the fact. The trial.