Decision on Appellant's Request for an Extension of Time and Authorization to Exceed the Page Limit on his Reply to the Prosecutor's Response to Appellant's Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115

IN THE APPEALS CHAMBER

Before:
Judge Fausto Pocar, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
20 April 2001

PROSECUTOR

TIHOMIR BLASKIC

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DECISION ON APPELLANT’S REQUEST FOR AN EXTENSION OF TIME AND AUTHORIZATION TO EXCEED THE PAGE LIMIT ON HIS REPLY TO THE PROSECUTOR’S RESPONSE TO APPELLANT’S MOTION TO ADMIT ADDITIONAL EVIDENCE ON APPEAL PURSUANT TO RULE 115
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The Office of the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Appellant:

Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew M. Paley

I, FAUSTO POCAR, Judge 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;

HAVING BEEN APPOINTED as pre-appeal Judge in this matter by virtue of an order of the Appeals Chamber dated 8 June 2000;

NOTING the "Appellant’s Request for an Extension of Time and Authorization to Exceed the Page Limit on his Reply to the Prosecutor’s Response to Appellant’s Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115" ("the Motion") filed by the Defence on 20 April 2001;

NOTING that Article 5 of the Practice Direction on the Length of Briefs and Motions (IT/184) ("the Practice Direction") states that "[m]otions and replies and responses before a Chamber will not exceed 10 pages or 3,000 words, whichever is greater";

NOTING that the Motion has been filed in accordance with Article 7 of the Practice Direction, which provides that a party must seek authorization in advance from the Chamber to exceed the page limits given by the Practice Direction, requiring that an explanation of the exceptional circumstances that necessitate the oversized filing is provided;

NOTING that, pursuant to Rule 127 of the Rules of Procedure and Evidence ("the Rules") the Motion requests a thirty-five day extension of time for the Defence Counsel to file the Appellant’s Reply;

CONSIDERING that Rule 127 of the Rules allows the Appeals Chamber to enlarge or reduce any time prescribed by or under the Rules, on good cause being shown;

HEREBY DECIDE to grant authorization to exceed the page limits as is strictly required to reply to the ""Prosecution Response to Appellant’s Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115" and to allow the Appellant an extension of time to file his Reply by 4 June 2001.

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

______________________
Fausto Pocar
Pre-Appeal Judge

Dated this 20^th day of April 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]