Published on: Wednesday, February 17, 2021

The recently passed Due Process Protection Act amends Rule 5 of Federal Rules of Criminal Procedure 5 (Initial Appearance) by adding a requirement that trial judges “[i]n all criminal proceedings, on the first scheduled court date when both prosecutor and defense counsel are present,” issue an oral and written order: (1) confirming the prosecutor’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny; and (2) notifying the prosecution of the possible consequences of violating the order. Previous coverage available here.

The amendment to Rule 5 further requires that each judicial council promulgate a model order for use by judges. 

So what should a Model Order look like? The National Association of Criminal Defense Lawyers (NACDL) has a model order for courts to use. A copy of that Order can be found here.  It also includes provisions of the consequences when there is a failure to comply.