Case: IT-98-30/1-A

IN THE APPEALS CHAMBER

Before:
|Judge David Hunt, Pre-Appeal Judge

Registrar:
Mr Hans Holthuis

Order of:
20 March 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 Mladjo Radjic
Mr Slobodan Stojanovic for Zoran Zigic
Mr Jovan Simic for Dragoljub Prcac

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING that Mladjo Radjic ("Radjic") filed his Rule 115 Motion on 25 February 2003 and an addendum to his motion on 7 March;1

NOTING that Dragoljub Prcac ("Prcac") filed his Rule 115 motion on 5 March 2003 and an addendum to his motion on 10 March;2

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 Extension of Page Limit", filed on 19 March 2003 ("Motion"), whereby the Prosecution seeks leave for a 30-page extension of page limit for its response to the Rule 115 applications filed by Radjic and Prcac;

NOTING that the Scheduling Order granted the Prosecution leave to file a consolidated response;3

NOTING the volume of the Rule 115 applications filed by Radjic and Prcac (43 pages of submissions and 127 pages of annexes);

NOTING the Prosecutionís submission that "the general philosophy" of the Practice Direction is that a respondent should in principle be entitled to file a response of the same length as the motion or motions to which it responds;4

CONSIDERING that this submission is erroneous, and 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 by the size of the applicantís submissions;

CONSIDERING, however, 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;

HEREBY GRANT LEAVE to the Prosecution to file a consolidated response of no more than 40 pages in length.

 

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

Done this 20th day of March 2003,
At The Hague,
The Netherlands.

_______________________________
Judge David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]


1. Respectively, Motion of Mlado Radic to Admit Additional Evidence Pursuant to Rule 115 and Addendum to Motion of Mlado Radic to Admit Additional Evidence Pursuant to Rule 115.
2. Respectively, Motion of Dragoljub Prcac to Admit Additional Evidence Pursuant to Rule 11[5] and Addendum to Motion of Dragoljub Prcac to Admit Additional Evidence Pursuant to Rule 115.
3. Scheduling Order, 17 March 2003, page 2.
4. Motion, par 7.