Einde inhoudsopgave
Rules of procedure and evidence ICTY
Rule 73 Other Motions
Geldend
Geldend vanaf 22-09-2006
- Redactionele toelichting
Bron: www.un.org
- Bronpublicatie:
13-09-2006, Internet 2006, www.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
- Inwerkingtreding
22-09-2006
- Bronpublicatie inwerkingtreding:
13-09-2006, Internet 2006, ww.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Internationale tribunalen
(A)
After a case is assigned to a Trial Chamber, either party may at any time move before the Chamber by way of motion, not being a preliminary motion, for appropriate ruling or relief. Such motions may be written or oral, at the discretion of the Trial Chamber.
(B)
Decisions on all motions are without interlocutory appeal save with certification by the Trial Chamber, which may grant such certification if the decision involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
(C)
Requests for certification shall be filed within seven days of the filing of the impugned decision. Where such decision is rendered orally, this time-limit shall run from the date of the oral decision, unless
- (i)
the party challenging the decision was not present or represented when the decision was pronounced, in which case the time-limit shall run from the date on which the challenging party is notified of the oral decision; or
- (ii)
the Trial Chamber has indicated that a written decision will follow, in which case the time-limit shall run from filing of the written decision.
If certification is given, a party shall appeal to the Appeals Chamber within seven days of the filing of the decision to certify.
(D)
Irrespective of any sanctions which may be imposed under Rule 46 (A), when a Chamber finds that a motion is frivolous or is an abuse of process, the Registrar shall withhold payment of fees associated with the production of that motion and/ or costs thereof.