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.
III. THE GRAND JURY
