Judge Kim P. Berg
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Adjournment/extension requests require 48-hour advance notice (except emergencies).
- Emergency adjournment requests within 48 hours require telephone notification to chambers.
Request must include
Communication
Letter via ECF
Chambers
Letter via fax
Chambers
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
Whether filed on ECF or not, letters may not exceed 5 pages unless prior permission has been requested from, and granted by, the Court.
Summary: Letters to court are limited to 5 pages unless permission granted.
Letter
5 pages
Applies to: Attorney
5 pages
Applies to: Pro Se
Document Format Requirements2 rules
Machine summary. Not checked yet.Important?
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).
Summary: Personal electronic devices must be completely turned off in courtroom.
Machine summary. Not checked yet.Important?
Non-compliance with this rule may result in forfeiture of the device for the remainder of the proceedings.
Summary: Non-compliance with electronic device rules may result in device forfeiture.
Document Filing Requirements9 rules
Machine summary. Not checked yet.Mandatory?
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.
Summary: Counsel must collect all original exhibits at trial end; court staff not responsible.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
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.
Summary: Non-stipulated exhibits must be shown to opposing counsel before each session and objections ruled on before session starts.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
Sidebar conferences will presumptively not be tolerated, except in extraordinary and unforeseen circumstances as these conferences have a distracting effect on the jury.
Summary: Sidebar conferences are presumptively not tolerated except in extraordinary circumstances.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
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.
Summary: Objections must state only legal grounds without further argument unless requested.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
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.
Summary: Counsel must attempt pre-trial stipulation for all non-contested exhibits.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
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.
Summary: Parties must deliver pre-marked exhibits to Courtroom Deputy one week before trial in tabbed binders.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
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.
Summary: Only one attorney per party may examine/cross-examine each witness.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
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.
Summary: Adjournment requests must be ECF letter motions with specific required elements.
Document Type
Letter Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Electronic device form must be filed on ECF at least 24 hours before trial/hearing.
Document Type
Electronic Devices Form
Filing & Service rules
Adjournment & Extension Requirements
Adjournment/extension requests require 48-hour advance notice (except emergencies).
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.
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Page 1 | Requests for Adjournments or Extensions of Time
Emergency adjournment requests within 48 hours require telephone notification to chambers.
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.
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Page 2 | Requests for Adjournments or Extensions of Time
Chambers Communication Rules
Letters to court must be filed via ECF except for pro se, ex parte, confidential, or magistrate judge cases.
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.
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Page 1 | Communications with Chambers
Faxes/emails require prior approval; approved faxes limited to 5 pages.
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.
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Page 1 | Communications with Chambers
Non-ECF letters must be marked as ex parte or confidential content.
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.”
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Page 1 | Communications with Chambers