Case No. IT-02-60/1-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Mehmet Güney

Registrar:
Mr. Hans Holthuis

Decision:
20 October 2004

Momir NIKOLIC

v.

THE PROSECUTOR

__________________________________

DECISION ON PROSECUTIONíS MOTION FOR EXTENSION OF PAGES

__________________________________

Counsel for the Appellant:

Ms. Virginia C. Lindsay  

Counsel for the Prosecutor:

Mr. Norman Farrell

 

I, MEHMET GÜNEY, Judge of 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 ("International Tribunal"),

BEING SEISED OF the urgent "Prosecutionís Motion for Extension of Pages" ("Motion") filed on 19 October 2004 by the Prosecution, in which it requests an extension of 10 pages or 3.000 words for its response to the "Appellantís Motion for Judicial Notice" filed on 11 October 2004, pursuant to paragraph (C)(7) of the Practice Direction on the Length of Briefs and Motions of 7 March 2002 ("Practice Direction");

NOTING that, in support of its Motion, the Prosecution submits that the complexity and importance of the legal and factual issues raised in the Appellantís Motion for Judicial Notice constitute exceptional circumstances which necessitates an oversized response;

NOTING paragraph (C)(5) of the Practice Direction which provides that motions, replies and responses before a Chamber will not exceed 10 pages or 3,000 words, whichever is greater;

CONSIDERING that paragraph (C)(7) of the Practice Direction states that a party seeking authorisation to exceed the prescribed page limits "must provide an explanation of the exceptional circumstances that necessitate the oversized filing";

FINDING that, in the circumstances of the case, the requirements of paragraph (C)(7) of the Practice Direction have been met and that the variation sought is warranted in this case;

HEREBY GRANT the authorisation sought by the Prosecution to exceed the applicable page limit set out in the Practice Direction, and allow it to file a response to the Appellantís Motion for Judicial Notice which should not exceed 20 pages or 6,000 words in total.

 

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

Done this 20th day of October 2004,
At The Hague,
The Netherlands.

______________________
Mehmet Güney
Pre-Appeal Judge

[Seal of the Tribunal]