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Expert Analysis

New Criminal Rule 5(f) Could Alter Brady Disclosure Timing

By John Siffert and Brice Jastrow (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....

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