Case No.: IT-95-14/2-A
IN THE APPEALS CHAMBER
Before:
Judge David Hunt, Pre-Appeal Judge
Registrar:
Mr Hans Holthuis
Decision of:
4 April 2003
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
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ORDER ON APPLICATION BY MARIO CERKEZ TO EXCEED PAGE LIMIT
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Counsel for the Prosecution:
Mr Norman Farrell
Counsel for Dario Kordic:
Mr Mitko Naumovski
Counsel for Mario Cerkez:
Mr Bozidar Kovacic
I, Judge Hunt, Pre-Appeal Judge in this case,
NOTING the "Request for Extension of Page Limit", filed by Mario Cerkez ("Cerkez"), dated 3 April 2003 ("Defence Request"), whereby he seeks leave to file a Rule 115 Motion of 93 pages, well above the 10-page limit provided for in the Practice Direction on the Length of Briefs and Motions ("Practice Direction"), on the basis that the amount of material involved justifies such an extension being granted;
NOTING that the Defence says that its Rule 115 Motion would be made of the following: (i) motion for admittance of new evidence pursuant to Rule 115 (10 pages); (ii) Annex to Rule 115 Motion which will consist of (a) 15 sections with a short introduction to each particular subject and (b) a listing of evidence sought to be admitted; and (iii) an ex parte annex;1
NOTING that counsel for Cerkez made it clear to the Appeals Chamber orally that the 93 pages estimate did not include the material which it will seek to have admitted pursuant to Rule 115;
CONSIDERING that the Prosecution notified the Appeals Chamber orally that it had no objection to such an extension of page being granted;
CONSIDERING that the material sought to be admitted as additional evidence pursuant to Rule 115 is not to be treated as part of the Motion for the purpose of the Practice Direction;
CONSIDERING that good cause has been shown;
HEREBY GRANT the Defence’s Request to exceed the page limit provided for in the Practice Direction and ORDER the Defence to file a Rule 115 of no more than 93 pages plus annexes containing the material which it seeks to have admitted pursuant to Rule 115.
Done in English and French, the English version being authoritative.
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Done this 4th of April 2003,
At The Hague,
The Netherlands.
[Seal of the Tribunal]