Meaning of "opposite party"

Notion(s) Filing Case
Decision on Motions to Strike Parts of Response Brief - 22.07.2015 PRLIĆ et al.
(IT-04-74-A)

NOTING that the contested paragraphs of the Prlić Response Brief make submissions on the merits of certain arguments advanced in the ]orić Appeal Brief and the Stojić Appeal Brief;[1]

RECALLING that paragraph 5 of the Practice Direction[[2]]] provides that the “opposite party” shall file a “Respondent’s Brief”, the content of which “shall be limited to arguments made in response to [the Appellant’s Brief]”;

CONSIDERING that the “opposite party” means the Prosecution when the appellant is a convicted person, and a defendant when the appellant is the Prosecution, and that arguments made in response must be limited to those raised by the relevant opposite party;

CONSIDERING that the Appeals Chamber will only consider the arguments raised in the Prlić Response Brief to the extent that they respond to the arguments raised by the Prosecution in its appeal against Prlić;

FINDING that to the extent that the Prlić Response Brief contains submissions on the merits of the ]orić Appeal Brief and the Stojić Appeal Brief, the Appeals Chamber will disregard these submissions for the purposes of adjudicating the Prosecution’s appeal against ]orić and Stojić, without prejudice to any possible similar arguments advanced by the Prosecution in its appeal against ]orić and Stojić;

[1] [Jadranko Prlić’s Respondent’s Brief, 7 May 2015 (confidential)]], paras 58(f), 96-97, 116-117, 123-127 (Stojić), 142-146 (]orić).

[2] Practice Direction on Formal Requirements for Appeals from Judgement, IT/201, 7 March 2002. 

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Other instruments Practice Direction on Formal Requirements for Appeals from Judgement (ICTY); para 5