ORDER advising of the United States' continuing obligation to produce all exculpatory… — USA v. VALERIO (Dkt. 7)

Record facts

U.S. District Court for the District of New Jersey · No. 3:25-cr-00414-RK · Doc. 7 · 2023-11-15 · Docket on CourtListener

Summary

An order under Rule 5(f) of the Federal Rules of Criminal Procedure entered in United States v. Damaris Valerio, No. 3:25-cr-00414-RK, in the U.S. District Court for the District of New Jersey, filed November 15, 2023 as Doc. 7. The one-page form order confirms the United States' continuing obligation to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and orders it to do so. It records that the confirmation was made on the record at the defendant's initial appearance, with both the prosecutor and defence counsel present. It lists the consequences that may follow untimely production, among them an order to produce information, a continuance, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings or sanctions. It is signed by André M. Espinosa, United States Magistrate Judge.

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Full text

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
v.
_______________________,
Defendant.
Mag No. __________________ 
ORDER
Pursuant to Rule 5(f) of the Federal Rules of Criminal Procedure, and as set forth on  
the record during the initial appearance of the defendant on this______ day of_____________,
202, in the presence of both the prosecutor and defense counsel in this matter, the Court
confirms the United States’ continuing obligation to produce all exculpatory evidence to the 
defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and orders it to
do so. Failing to do so in a timely manner may result in consequences, including, but not limited 
to, the Court’s order to produce information, the granting of a continuance, the exclusion of 
evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions by
the Court. 
Hon.
United States Magistrate Judge
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DAMARIS VALERIO
November
15th
André M. Espinosa, USMJ
Case 3:25-cr-00414-RK     Document 7     Filed 11/15/23     Page 1 of 1 PageID: 18

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