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The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [3]
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [5] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [6]
In United States criminal procedure, the Federal government and certain states have reciprocal discovery laws that compel defendants to disclose some information to prosecutors before trial. [1] Within the federal court system, [ 2 ] this material is referred to as reverse Jencks Act material , after the United States Supreme Court case which ...
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006 [1]. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties.
A "discovery rule" applies in other cases (including medical malpractice), or a similar effect may be applied by tolling. According to U.S. district judge Sean J. McLaughlin, the discovery rule does not apply to mass media such as newspapers and the Internet; the statute of limitations begins to run at the date of publication. [14]
Herschel Fink, general counsel for the Detroit Free Press, said the rule appears to violate case law from the U.S. Supreme Court and Michigan courts that says court records are open to the public.
Rules 7.1 and 26-37 of the Federal Rules of Civil Procedure, are often cited in combination with a specific local rule to form a basis for a civil discovery motion. Rule 16, Federal Rules of Criminal Procedure, is the basis for a criminal discovery motion. Rule 906(b)(7), Rules for Courts-Martial a variety of a "motion for appropriate relief ...
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