Case No: IT-01-47-PT
IN TRIAL CHAMBER II
Before:Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Patricia Wald
Mr Hans Holthuis
9 November 2001
ORDER ON MOTION NOT IN COMPLIANCE WITH PRACTICE DIRECTION
The Office of the Prosecutor:
Mr Ekkehard Withopf
Ms Cynthia Fairweather
Counsel for the Accused:
Ms Edina Residovic for Enver Hadzihasanovic
Mr Vasvija Vidovic and Mr John Jones for Mehmed Alagic
Mr Fahrudin Ibrisimovic for Amir Kubura
- I, Judge Florence Mumba, Pre-Trial Judge in this case, note the confidential "Application for Provisional Release of Mehmed Alagic", filed on 7 November 2001 ("Application").
- The "Practice Direction on the Length of Briefs and Motions" ("Practice
Direction")1, inter alia, provides that the
typeface used in written motions at trial must be 12 point with 1.5 line
spacing2. It also provides that motions, replies and responses
before a Chamber will not exceed 10 pages or 3 000 words, whichever
is the greater3. A party must seek authorisation in advance
from the Chamber to exceed the page limits provided for in the Practice Direction
and must provide an explanation of the exceptional circumstances that necessitate
the oversized filing4.
- The Application is not in compliance with the Practice Direction. At a minimum, the correct line spacing was not used. If that were done correctly, the limit of 10 pages, or the 3 000 words, as the case may be, would have been exceeded. Advance authorisation, as provided for in the Practice Direction, was not sought from the Chamber.
- Generally, counsel appearing before the Tribunal must familiarise themselves
with, inter alia, the Practice Directions. In any event, counsel for
Mehmed Alagic, on their own account, are familiar with the Practice Direction
- In the light of the non-compliance by counsel for Mehmed Alagic with the Practice Direction, pursuant to Rules 54 and 65 ter, I refuse to consider the Application as it is currently filed.
Done in both English and French, the English version being authoritative.
Done this the ninth day of November 2001
At The Hague
Florence Ndepele Mwachande Mumba
[Seal of the Tribunal]
1 - IT/184, dated 19 January 2001.
2 - Practice Direction, p 2.
3 - Practice Direction, p 3.
4 - Practice Direction, p 4.
5 - See "Reply to Prosecution Response to Preliminary Motion
Alleging Defects in the Form of the Indictment", 29 Oct 2001, par 2.