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Treatment of Brady v. Maryland Material in United States District and State Courts' Rules, Orders, and Policies

Laural L. Hooper, Jennifer Evans Marsh, Brian Yeh
October 1, 2004

The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to propose amendments to Rules 11 and 16 to codify the disclosure requirements in Brady v. Maryland. The committee wanted to know whether federal district courts and state courts have adopted formal rules or standards that provide prosecutors with specific guidance on discharging their Brady obligations. This report describes the federal district court local rules, orders, and policies that address Brady material, and the treatment of Brady material in state statutes and in court rules and policies. For an update to this report see Brady v. Maryland Material in the United States District Courts: Rules, Orders, and Policies (2007).