UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
IN RE: THE DUE PROCESS PROTECTIONS
ACT, P.L. NO. 116-182, 134 STAT. ANN. 894 GENERAL ORDER NO. 153
(OCT. 21, 2020), AMENDING FEDERAL RULE
OF CRIMINAL PROCEDURE 5
The Due Process Protections Act, P.L. No. 116-182, 134 Stat. 894 (Oct. 21, 2020),
amended Federal Rule of Criminal Procedure 5 to add subsection (f)(1), providing as
follows:
In all criminal proceedings, on the first scheduled court date when both
prosecutor and defense counsel are present, the judge shall issue an oral and
written order to prosecution and defense counsel that confirms the disclosure
obligation of the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963)
and its progeny, and the possible consequences of violating such order under
applicable law.
Further, subsection (f)(2) of amended Federal Rule of Criminal Procedure 5 provides that
the judicial council of each circuit shall prepare and promulgate for the use of each court
in the circuit a model order to implement the provisions of subsection (f)(1).
The Judicial Council of the Second Circuit has prepared and promulgated the model
oral and written orders appended hereto as Exhibits A and B, respectively, in compliance
with Federal Rule of Criminal Procedure 5(f)(2). The Judges of this Court have approved
the use of these model orders.
It is accordingly hereby ORDERED that in each proceeding in this Court as to which
subsection (f)(1) of Federal Rule of Criminal Procedure 5 applies, language in substantially
the form set forth in Exhibit A shall be incorporated into an oral order stated on the record,
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and a written order in substantially the form set forth in Exhibit B shall be entered on the
docket, and it is further
ORDERED that this General Order supersedes and replaces the Interim General
Order pertaining to this subject entered on November 5, 2020.
SO ORDERED.
______________________________________
ELIZABETH A. WOLFORD
Chief Judge
United States District Court
DATED: January 20, 2022
Rochester, New York
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EXHIBIT A
EXHIBIT B
