IN TRIAL CHAMBER II
Judge David Anthony Hunt
Judge Florence Mwachande Mumba
Judge Liu Daqun
Mr. Hans Holthuis
18 April 2001
ORDERS FOR FILING ON MOTIONS
The Office of the Prosecutor:
Mr Peter McCloskey
Counsel for the Accused:
Pursuant to Rule 54 of the Tribunals Rules of Procedure and Evidence of the International Tribunal, and in order to regulate the filing of and responses to motions in this matter, THE TRIAL CHAMBER HEREBY ORDERS:
(1) Subject to terms of the proviso hereto, no written motion may be filed on a "Confidential" basis unless the Pre-Trial Judge or another Judge of the Trial Chamber grants leave for it to be so filed. Applications for leave must be made in writing, stating the basis for the application. They may be filed on an ex parte basis.
Provided that the following filings are excluded from the requirement that leave be sought before they may be filed on a "Confidential" basis:
(i) all ex parte applications, whatever their nature;
(ii) all applications which relate to ongoing investigations, pending indictments and sealed indictments;
(iii) all inter partes applications for witness protection concerning specific persons; and
(iv) all responses to confidential motions and all applications which relate to decisions of the Trial Chamber concerning confidential motions or hearings.
(2) The party moving on written motion shall include a draft order for relief with the motion submitted to the Trial Chamber.
(3) Unless otherwise ordered, the party receiving a written motion has fourteen calendar days from the date that motion was filed to file its response, if any.
(4) A reply may be filed by the moving party only in relation to matters raised by the receiving party which go beyond the issues raised in the motion, and only by leave. Applications for leave must be made in writing, identifying the issues to which leave to reply is sought. The order granting leave to file a reply will set a time for any further response to be filed.
(5) Either party may request oral argument on the written motion, but the request will be granted only if the Trial Chamber approves of the need for oral argument, taking into account the necessity for a fair and expeditious trial.
Judge David Hunt
Done this 18th day of April 2001
At The Hague
[Seal of the Tribunal]