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S.D.N.Y. · Judge Berg · Practice Guide

Hon. Kim P. Berg

All local rules for S.D.N.Y., integrated with this judge's published requirements.

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Before You File
Ex parte applications
🏛 S.D.N.Y. local rule

(d) No ex parte order, or order to show cause to bring on a motion, will be granted, except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made. Local Civil Rule 6.1(d) ↗

Contacting chambers
👤 Judge Berg — standing order

1. Communications with Chambers A. Letters. Except as otherwise provided below, communications with chambers shall be by letter, with copies simultaneously delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court. All letters to the Court shall be filed via ECF, except for letters submitted by pro se litigants who do not have ECF privileges, letters which the sender is authorized to submit ex parte, or letters containing confidential information, or letters being filed in magistrate judge cases. Letters submitted by attorneys which are not required to be filed on ECF may be delivered by mail or hand-delivery, and shall be prominently designated as "EX PARTE" or "NOT FILED VIA ECF DUE TO CONFIDENTIAL CONTENT." Whether filed on ECF or not, letters may not exceed 5 pages unless prior permission has been requested from, and granted by, the Court. B. Docketing, Scheduling, and Calendar Matters. For docketing, scheduling, and calendar matters, call Lisa N. Lee, Magistrate Judge Berg's Courtroom Deputy, at (914) 390-4006, between 8:30 a.m. and 5:00 p.m. C. Telephone Calls. Telephone calls to chambers are permitted. The telephone number is (914) 390-4072. D. Faxes and E-mails. Faxes and e-mails are not permitted without prior approval. Call to obtain approval. If approval is granted, a fax may not exceed five pages. Copies of faxed or e-mailed submissions must be simultaneously sent to other counsel and/or pro se parties. Faxes may be sent to (914) 390-4090. Emails may be sent to BergNYSDChambers@nysd.uscourts.gov

Drafting the Motion
Length limits — motion, opposition, reply
🏛 S.D.N.Y. local rule
Motion

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Opposition

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Reply

(c) Length of Memoranda of Law. If filed by an attorney or prepared with a computer, briefs in support of and in response to a motion (except for motions for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Local Civil Rule 7.1(c) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 S.D.N.Y. local rule
Notice period

Except for letter-motions as permitted by Local Civil Rule 7.1(d), and unless provided otherwise by statute or rule, or by the court in a judge’s individual practices or in a direction in a particular case, motion papers must be served and filed as follows: (a) On all motions and applications under Fed. R. Civ. P. 26 through 37 and 45(d)(3), (1) all motion papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within seven days after service of the moving papers, and (3) any reply papers must be served within two days after service of the answering papers. In computing periods of days, refer to Fed. R. Civ. P. 6. (b) On all civil motions, petitions, and applications, other than those described in Rule 6.1(a), and other than petitions for writs of habeas corpus, (1) the moving papers must be served by the moving party on all other parties that have appeared in the action, (2) any opposing or response papers must be served within 14 days after service of the moving papers, and (3) any reply papers must be served within seven days after service of the answering papers. Local Civil Rule 6.1 (introductory clause) and 6.1(a)-(b) ↗

Hearing days

Silent on fixed motion hearing days. Local Civil Rules 6.1, 7.1 (silent) ↗

Proposed orders
🏛 S.D.N.Y. local rule

Local Civil Rule 77.1. Submission of Orders, Judgments and Decrees Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗

The Hearing
Oral argument
🏛 S.D.N.Y. local rule

Silent on oral argument default. Local Civil Rules 6.1, 7.1 (silent) ↗

More from Judge Berg’s procedures
👤 Judge Berg — standing order
Adjournment extension procedure

E. Requests for Adjournments or Extensions of Time. Absent an emergency, all requests for adjournments or extension of time must be made at least 48 hours before the scheduled court date or expiring deadline. Any request must be made in writing and filed on ECF as a letter motion, after consultation with all affected parties and counsel. The letter motion must state: (1) the original date of the proceeding or deadline; (2) the reason for the request; and (3) whether all parties consent, and if not, the reasons given by the party or parties for refusing to consent. F. Urgent Requests. The Court ordinarily reviews ECF filings on the business day after filing. Parties seeking adjournments or extensions of time within 48 hours of a scheduled conference or expiring deadline, or when filing other documents which require immediate attention, shall contact chambers by telephone to alert the Court of the filing. Source ↗

Know Before You Go
👤 Judge Berg — deviations that burn people
  • 1. Letters may not exceed 5 pages without prior permission -- most SDNY judges allow longer letters without asking.
  • 2. Faxes and emails require prior approval -- call chambers first. Approval is not automatic. Fax max 5 pages even with approval.
  • 3. Adjournment requests: 48-hour rule is hard. If within 48 hours of a conference or deadline, file the letter motion on ECF AND call chambers by telephone to alert them of the filing.
  • 4. Settlement conference procedures: no standing rules -- Judge Berg issues specific instructions per case by separate order. Watch for that order; it will not follow standard practice.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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