June 09, 2021
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
IN THE MATTER OF:
DUE PROCESS
PROTECTIONS ACT Standing Order No. 2021-143
In accord with the Due Process Protections Act, Pub. L. No. 116-182, 134, Stat. 894
(October 21, 2020) and Rule 5(f) of the Federal Rules of Criminal Procedure, this Court
confirms the United States’ obligation to disclose to the defendant all exculpatory evidence,
that is, evidence that favors the defendant or casts doubt on the United States’ case, as
required by Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and hereby ORDERS the
United States to do so. Failure to disclose exculpatory evidence in a timely manner may
result in serious consequences, including, but not limited to, exclusion of evidence, adverse
jury instructions, dismissal of charges, contempt proceedings, disciplinary action, or
sanctions by the Court.
The judge presiding over the first scheduled court date when both prosecutor and
defense counsel are present shall give oral notice of the provisions in this Order. The
presiding judge, pursuant to the Due Process Protections Act, shall also enter a written order
in compliance with this Order.
It is so ORDERED
For the Court:
Michael F. Urbanski
Enter this 8th day of June, 2021. Chief U.S. District
Judge
2021.06.08 15:44:18
-04'00'
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Michael F. Urbanski
Chief United States District Judge
