Case: IT-98-30/1-A

IN THE APPEALS CHAMBER

Before:
Judge David Hunt, Pre-Appeal Judge

Registrar:
Mr Hans Holthuis

Order of:
2 May 2003

PROSECUTOR
v
Miroslav KVOCKA
Mladjo RADIC
Zoran ZIGIC
Dragoljub PRCAC

_____________________________

ORDER GRANTING EXTENSION OF PAGES

_____________________________

Counsel for the Prosecutor:

Mr Christopher Staker

Counsel for the Defence:

Mr Krstan Simic for Miroslav Kvocka
Mr Toma Fila for Mlađo Radjic
Mr Slobodan Stojanovic for Zoran Zigic
Mr Jovan Simic for Dragoljub Prcac

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING "Zoran Zigicís Second Motion to Present Additional EvidenceĒ filed confidentially on 11 April 2003 (ďZigicís Rule 115 MotionĒ);

NOTING the Scheduling Order of 22 April 2003, whereby the Prosecution was ordered to file its Response to Zigicís Rule 115 Motion no later than 12 May 2003;

NOTING that the Article 5 of the Practice Direction on the Length of Briefs and Motions (IT/184 Rev 1) provides that, unless otherwise ordered, responses will not exceed 10 pages or 3,000 words, whichever is the greater;

BEING SEISED OF the "Prosecution Motion for an Extension of Page Limit", dated 1 May 2003 ("Prosecutionís Motion"), whereby the Prosecution seeks leave for a 30-page extension of pages so that it may file a 40-page Response to Zigicís Rule 115 Motion;

NOTING the Prosecutionís submissions that the material submitted by Zigic is extensive (26 documents totalling about 130 pages), that Zigicís treatment of the requirements of Rule 115 is extremely brief and that the extension of page is required "in order to properly assist the Appeals Chamber";

CONSIDERING the volume of Rule 115 material filed by Zigic;

CONSIDERING that the appropriate length of a response is primarily dictated by the nature and scope of the issues which it needs to address and not necessarily by the size of the material submitted by the applicant;

CONSIDERING that the number and scope of issues raised in the Rule 115 applications justify that such an extension of pages be granted;

CONSIDERING that the Prosecution has shown good cause and that there is no need to wait for any submission by the Defence in that respect;

CONSIDERING, however, that the Prosecution should avoid redundancies and unnecessary repetitions in its Response;

HEREBY GRANT LEAVE to the Prosecution to file a 40-page response to Zigicís Rule 115 Motion no later than 12 May 2003.

 

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

Done this 2nd May 2003,
At The Hague,
The Netherlands.

_______________________________
Judge David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]