Case No.: IT-95-14-A

BEFORE THE APPEALS CHAMBER

Before:
Judge Lal Chand Vohrah, Presiding
Judge Rafael Nieto-Navia
Judge Patricia Wald
Judge Fausto Pocar, Pre-Appeal Judge
Judge Liu Daqun

Registrar:
Mr. Hans Holthuis

Order of:
1 November 2001

PROSECUTOR

v.

TIHOMIR BLASKIC

___________________________________________________________

ORDER GRANTING EXTENSION OF TIME

___________________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellant:

Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew Payley

 

THE APPEALS CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 ("the International Tribunal"),

BEING SEISED of the "Prosecution Request for An Extension of Time And For An Authorisation To Exceed The Page Limit For Its Response to The Appellant’s Second Motion To Admit Additional Evidence on Appeal Pursuant to Rule 115" filed on 26 October 2001, ("the Request") in which the Prosecution asks for authorisation to file its Response by 14 December 2001, and to exceed the applicable page limit set out in the Practice Direction on the Length of Briefs and Motions IT/84 ("the Practice Direction IT/84");

NOTING the "Appellant’s Second Motion To Admit Additional Evidence on Appeal Pursuant to Rule 115" filed on 18 October 2001 ("the Appellant’s Rule 115 Motion");

NOTING that Article (C) 5 of the Practice Direction IT/184 states that "SmCotions and replies and responses before a Chamber will not exceed 10 pages or 3,000 words, whichever is greater";

NOTING that Article (C) 7 of the Practice Direction IT/184, provides that a party must seek authorization in advance from the Chamber to exceed the page limits, and requires that an explanation of the exceptional circumstances that necessitate the oversized filing be provided;

NOTING that the Appellant’s Rule 115 Motion with attachments comprises over 2,800 pages;

CONSIDERING that the complexity and large volume of the documentary and testimonial exhibits being proffered for admission constitute exceptional circumstances;

NOTING that according to the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155) ("the Practice Direction IT/155") the Appeals Chamber may vary any time-limit prescribed under this Practice Direction;

CONSIDERING that the reasons advanced in the Request show that the Prosecution requires more time for the preparation of a properly considered Response;

PURSUANT TO Articles (C) 7 of Practice Direction IT/184 and 14 of Practice Direction IT/155;

HEREBY ORDERS that the deadline for filing the Prosecution’s Response to the Appellant’s Rule 115 Motion, shall be extended to 10 December 2001; and

GRANTS authorisation to exceed the applicable page limit set out in the Practice Direction IT/184 to a maximum of 100 pages.

 

Done in both English and French, the English text being authoritative.

________________________________
Lal Chand Vohrah
Presiding Judge

Dated this first day of November 2001
At The Hague,
The Netherlands.

[Seal of the Tribunal]