Comments Due April 21, 2021

The Local Rules Committee recommends the creation of Criminal Local Rule 5 in accordance with Rule 5 of the Federal Rules of Criminal Procedure. The rule codifies current practice that places certain requirements on the court to emphasize the prosecution’s duty in every criminal case to disclose information that is exculpatory as to guilt or punishment and the potential for consequences for any failure to comply. Any comments should be submitted to Gina M. Colletti, Clerk of Court, via email at gina_colletti@wied.uscourts.gov by April 21, 2021.

Criminal L.R. 5. Reminder of Brady Obligations.

             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:

             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.