Evidence received after closing arguments

Notion(s) Filing Case
Decision on Additional Evidence - 21.07.2005 BLAGOJEVIĆ & JOKIĆ
(IT-02-60-A)

10.     […] The Appeals Chamber considers that evidence is “available at trial” if it becomes available at a stage when it is still reasonably possible for the relevant party to seek to introduce it before the Trial Chamber. Depending on the circumstances, evidence after closing arguments in a case may meet this standard.

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ICTR Rule Rule 115 ICTY Rule Rule 115
Notion(s) Filing Case
Decision on Additional Evidence - 21.07.2005 BLAGOJEVIĆ & JOKIĆ
(IT-02-60-A)

11.     […] [T]he Appellant had ample time to file a motion requesting that the Trial Chamber reopen the proceedings to consider the evidence.[1] […]

[1] Although procedures for reopening trial proceedings are not specified under the Rules, the Trial Chamber might permit reopening in unusual cases where the demands of justice so require, relying on its general authority under Rule 89(B) of the Rules, which provides that in “cases not otherwise provided for in this Section, a Chamber shall apply rules of evidence which will best favour a fair determination of the matter before it and are consonant with the spirit of the Statute and the general principles of law.”

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ICTR Rule Rule 89(B) ICTY Rule Rule 89(B)