Judge Kim P. Berg — United States District Court, Southern District of New York

Conduct of Counsel at Trial

MAGISTRATE JUDGE KIM P. BERG CONDUCT OF COUNSEL AT TRIAL

When appearing in this Court, unless excused by Judge Berg, all counsel and any other people at counsel table shall adhere to the following rules:

1. Stand as Court is opened, recessed, or adjourned.

2. Stand when the jury enters or exits the courtroom.

3. Stand when addressing, or being addressed by, the Court.

4. Stand at the lectern and use the microphone while examining any witness. Do not face or otherwise appear to address yourself to jurors when questioning a witness.

5. Counsel shall address all remarks to the Court, not to opposing counsel.

6. Be professional and respectful of opposing counsel, litigants and witnesses.

7. Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.

8. Unless the Court directs otherwise, each session will commence promptly at 9:30 a.m. and proceed to approximately 5:00 p.m. Counsel should avoid delays by having sufficient witnesses and exhibits ready so as to fill the entirety of each session.

9. At least one week prior to the commencement of trial, the Parties shall deliver to the Courtroom Deputy in tabbed binders a copy of each of the Party’s exhibits pre-marked for identification. Government/Plaintiff shall mark exhibits with numbers and Defendant(s) shall mark exhibits with letters.

10. Counsel shall endeavor to enter into a pre-trial stipulation for all exhibits to which there will be no objection as to admissibility and which will then be admitted into evidence at the outset of the trial.

11. To the extent exhibits are not part of the aforementioned pre-trial stipulation, in advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits counsel intends to introduce at the session. The opponent shall indicate those exhibits to which they have no objection and the Court will admit them when offered at the session. Those exhibits to which there is an objection shall be presented to the Court for ruling before the opening of the session to determine if the Court can rule on the objection thereby reducing delay and eliminating the necessity for a sidebar conference when the exhibit is offered.

12. Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct-examination, shall be the only attorney recognized for cross-examination.

13. Request permission before approaching the bench, Courtroom Deputy’s desk or witness including for purposes of handling or tendering exhibits.

14. When making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

15. At the end of trial, counsel should make sure they have all originals/hard copies of their exhibits. Neither the Court Reporter nor the Courtroom Deputy are responsible for them.

16. Sidebar conferences will presumptively not be tolerated, except in extraordinary and unforeseen circumstances as these conferences have a distracting effect on the jury.

Consent to Proceed before a Magistrate Judge in a Misdemeanor Case

AO 86A (Rev. 01/09) Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America ) ) ) ) ) v. Case No. Defendant CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE IN A MISDEMEANOR CASE A United States magistrate judge has explained to me the nature of the charges against me and the maximum penalty that may be imposed on each charge if I am found guilty. The magistrate judge has also informed me of my right to a lawyer, my right to a jury trial, and my right to be tried, judged, and sentenced before either a United States district judge or a United States magistrate judge. I consent to being tried before a United States magistrate judge, and I waive my rights to trial, judgment, and sentencing by a United States district judge. Defendant’s signature Waiver of a Right to Trial by Jury I waive my right to a jury trial. Defendant’s signature The United States consents to the jury-trial waiver: Government representative’s signature Government representative’s printed name and title Waiver of a Right to Have 30 Days to Prepare for Trial I waive my right to have 30 days to prepare for trial. Defendant’s signature Printed name of defendant’s attorney (if any) Signature of defendant’s attorney (if any) Date: Approved by: Magistrate Judge’s signature Print Save As... Reset

Individual Practices

INDIVIDUAL PRACTICES OF MAGISTRATE JUDGE KIM P. BERG

Unless otherwise ordered by Judge Berg, matters before her shall be conducted in accordance with the following practices.

Nothing in Judge Berg’s Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule where failure to comply with the specified time period could result in forfeiture of a substantive right.

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

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.

2. Settlement Conferences.

For cases referred to Judge Berg for settlement conferences, the Court will issue specific instructions for pre-conference submissions and settlement conference procedures in a separate order.

3. Inclement Weather or Other Emergency.

Courthouse closures are announced by 6:00 a.m. For White Plains call (914) 390-4220 to hear a recorded message. For Poughkeepsie call (845) 452-4200 to hear a recorded message. In the event of a closure, all conferences will be canceled and a new conference date will be scheduled shortly after the Courthouse reopens. In the event of severe weather conditions when the Courthouse is open, counsel with scheduled appearances should call chambers to confirm that Judge Berg is holding court.

4. Cellular Telephones and Personal Electronic Devices.

S.D.N.Y Standing Order M10-468, dated February 18, 2010, defines “Personal Electronic Devices” and sets forth the requirements for an attorney to bring such a device into the Courthouse. An Attorney who meets those requirements may bring a Personal Electronic Device into the courtroom, but the device must be turned off (not merely placed on vibrate mode or otherwise silenced). If an attorney needs access to such a device during a proceeding (such as when a subsequent appearance is being scheduled), permission to activate the device should be requested of the Court.

If required by the Standing Order, counsel seeking to bring a device into the Courthouse shall file on ECF a completed copy of the Electronic Devices General Purpose Form, available at, at least 24 hours prior to the relevant trial or hearing. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom but they must be turned off at all times.
Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.

Standing Order for Electronic Devices

UNITED STATES DISTRICT COURT   SOUTHERN DISTRICT OF NEW YORK           IN THE MATTER OF AN APPLICATION   TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE   SOUTHERN DISTRICT OF NEW YORK FOR   USE IN A PROCEEDING OR TRIAL         The following Order is subject to the definitions, obligations and restrictions imposed pursuant to   Standing Order M10-468, as Revised. Upon submission of written application to this Court, it is hereby   ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/ or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned:   ___________________________________________________________________.   ORDERED that for the device(s) checked below SDNY Courtroom WI-FI access shall be provided.   The date(s) for which such authorization is provided is (are).   Attorney   E-Mail Device(s)   Courtroom WIFI Granted                                       (Attach Extra Sheet If Needed)     The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised.     SO ORDERED:       Dated:

United States Judge       Revised: July 1, 2019.

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