Cross-reference to a ground of appeal advanced by a co-appellant

Notion(s) Filing Case
Decision on Second Amended Notice of Appeal - 22.09.2009 ŠAINOVIĆ et al.

18. In light of these requirements, a party may not dispose of its burden on appeal by merely referring to another party’s submissions. Moreover, allowing such reference would incorrectly suggest that in multi-appellant proceedings the parties are relieved of their obligations to comply with the Rules and the relevant Practice Directions. The Appeals Chamber is also concerned that permitting such broad reference would effectively allow Pavković to circumvent the word limit established for his appellant’s brief. Therefore, whereas the Appeals Chamber acknowledges that in the circumstances of the present case it may not be necessary for Pavković to replicate in his Notice of Appeal and subsequently in his appellant’s brief, all of Ojdanić’s legal arguments that he seeks to adopt, it emphasises that in order to meet his burden on appeal Pavković must comply with the requirements recalled above.

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