Law360 (November 30, 2020, 5:00 PM EST) — On Oct. 22, Congress and the president took the extraordinary step of circumventing the normal process of amending the Federal Rules of Criminal Procedure and directly amended Rule 5 to require district courts to create standing orders mandating that courts inform prosecutors of their obligation to produce Brady material at the outset of every criminal case.

When implemented by each judicial council, new Rule 5(f) may have the significant impact of changing the timing for when prosecutors produce exculpatory materials to defendants.

This article sets forth the rationale and text of the rule change, and how it is supposed to be…

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