what is a brady notice

A Brady notice is a disclosure made by prosecutors to the defense in a criminal case, which consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence of the defendant. The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose all material, favorable information in their possession to defendants regardless of whether it is requested. Examples of Brady material include evidence that might exonerate the defendant, evidence of a record or report that might discredit a witness, or evidence that might reduce the defendants sentence. If a Brady rule violation is discovered during trial, the court can either declare a mistrial or prohibit the prosecution from using unfavorable evidence which could be discredited by the withheld information. If the prosecution withheld Brady material intentionally or knowingly, they may be subject to sanctions. A Brady motion is a defendants request for the prosecution in a criminal case to turn over any potentially exculpatory evidence.