Except that under Brady, Giglio, and their progeny, "open file" policies are legally insufficient to meet the requirements imposed by those cases. Although a fe

Except that under Brady, Giglio, and their progeny, "open file" policies are legally insufficient to meet the requirements imposed by those cases. Although a few states have not passed laws or rules to enforce those court opinions, most have either explicitly or through standard discovery rules. Furthermore, most prosecutors, myself and my office colleagues included, actively provide any and all non-privileged information we obtain in a case and flag anything that is obvious Brady or Giglio material.