Reminder of Brady Obligations
U.S. District Court for the Eastern District of Wisconsin
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In accordance with the Federal Rules of Criminal Procedure 5(f), the judge in each criminal case in this district must issue an order reminding the United States of its disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and of the possible consequences of violating such an order The Seventh Circuit Judicial Council has adopted a model order for possible use by courts for this purpose. The model order reads as follows: 50 Pursuant to Rule 5(f) of the Federal Rules of Criminal Procedure, the court, with both the prosecutor and defense counsel present, confirms the government’s obligation to disclose favorable evidence to the accused under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and orders it to do so. Favorable evidence under Brady need have only some weight and includes both exculpatory and impeaching evidence. Failure to produce such evidence in a timely manner may result in sanctions, including, but not limited to, adverse jury instructions, dismissal of charges, and contempt proceedings.