Decision on Prosecution Motion for Extension of Time to File Reply Brief and for Extension of Pages

Case: IT-97-24-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Theodor Meron, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
12 January 2004

THE PROSECUTOR

MILOMIR STAKIC

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DECISION ON PROSECUTION MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF AND FOR EXTENSION OF PAGES

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Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Branko D. Lukic
Mr. John R. Ostojic

I, THEODOR MERON, President 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 "Prosecution Motion for Extension of Time in Which to File the Prosecution Reply Brief and for an Extension of Pages" ("Motion"), filed on 7 January 2004, which seeks an extension of five days to file the Prosecution’s reply brief and permission to file a reply brief of 40 pages in length;

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber and Appointing Pre-Appeal Judge" filed on 14 August 2003 which, inter alia, designated me to serve as Pre-Appeal Judge in this case;

CONSIDERING that, pursuant to Rule 127(A)(i) and (B) of the Rules of Procedure and Evidence of the International Tribunal, the time limit for the filing of the Prosecution’s reply brief may be enlarged on good cause being shown by motion;

FINDING that good cause has been shown for the extension of time sought by the Motion;

CONSIDERING that pursuant to paragraph 7 of the Practice Direction on the Length of Briefs and Motions, IT/184 Rev. 1, 5 March 2002 ("Practice Direction"), variations from page limits may be authorized if requested in advance and supported by an explanation of the exceptional circumstances necessitating the oversized filing;

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

FOR THE FOREGOING REASONS,

HEREBY GRANT the Motion; and

ORDER that the Prosecution may file a reply brief not exceeding 40 pages in length on or before 19 January 2004.

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

Dated this 12^thday of January 2004,
At The Hague,
The Netherlands.

________________
Judge Theodor Meron
Pre-Appeal Judge

[Seal of the Tribunal]