Judge Richard M. Berman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Affidavit, Exhibit
- Hand Delivery • Upon Filing
Binding: Tabbed Three Ring
Pleading, Rule 7 1 Statement
- Hand Delivery • Upon Filing
Adjournments
- Adjournment/extension requests must be made by letter at least 48 hours before the scheduled date.
- Adjournment/extension requests must include original date, number of previous requests, their outcomes, and adversary consent status.
- If adjournment/extension affects other dates, a proposed scheduling order reflecting business days must be attached.
Request must include
- Responses to motions in limine are due 7 days after filing.
- Brady Material discovered after indictment must be disclosed within 2 weeks of discovery or 4 weeks before trial/guilty plea.
- Giglio Material must be disclosed 4 weeks before trial/guilty plea unless exceptional circumstances.
Communication
Chambers
Chambers
Phone
Chambers
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
Memoranda of law in support of and in opposition to motions may be up to 25 pages (double-spaced), and reply memoranda may be up to 10 pages (double-spaced).
Summary: Memoranda of law (support/opposition) limited to 25 pages, reply memoranda to 10 pages, all double-spaced.
25 pages
Applies to: Attorney
Reply Memorandum
10 pages
Applies to: Attorney
Document Format Requirements2 rules
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
Papers for TRO applications and other emergency relief must be text-searchable PDFs.
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email.
Machine summary. Not checked yet.Mandatory?
Use double spacing, one-inch margins, and 12-point font for text and footnotes (footnotes may be single-spaced).
Summary: Memoranda must use double spacing, one-inch margins, 12-point font for text and footnotes (footnotes may be single-spaced).
Document Filing Requirements21 rules
Machine summary. Not checked yet.Mandatory?
Any application presented by order to show cause must include a written explanation (with case and statutory authority) why ordinary motion practice is not available and why the matter is appropriately treated as an order to show cause.
Summary: Order to show cause applications must include written explanation with authority why ordinary motion practice is unavailable.
Document Type
Order To Show Cause
Machine summary. Not checked yet.Mandatory?
All memoranda of 10 pages or more shall contain a table of contents and a table of authorities.
Summary: Memoranda of 10+ pages must include table of contents and table of authorities.
Document Type
Memorandum Of Law
Machine summary. Not checked yet.Mandatory?
One joint reply may be filed in support of a motion. Replies shall include any opposition to a cross-motion.
Summary: One joint reply may be filed in support of a motion and must include opposition to any cross-motion.
Document Type
Reply
Machine summary. Not checked yet.Mandatory?
All parties opposing a motion shall file a joint opposition.
Summary: All parties opposing a motion must file a joint opposition.
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
Any cross-motion shall be included in the opposition brief.
Summary: Cross-motions must be included in the opposition brief.
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
All motions shall be filed jointly if there is more than one movant on a side (i.e., plaintiffs or defendants) unless the Court provides otherwise.
Summary: Motions must be filed jointly by multiple movants on same side unless Court provides otherwise.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Proposed confidentiality orders submitted to the Court shall include the following language: “The Court retains discretion whether to afford confidential treatment to any confidential document or information contained in any confidential document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court.”
Summary: Confidentiality orders must include specific language about court discretion over confidential treatment.
Document Type
Confidentiality Order
Machine summary. Not checked yet.Mandatory?
A. Joint Pre-trial Orders in Civil Cases. The parties shall submit to the Court for its approval a joint pre-trial order that includes the information required under Federal Rule of Civil Procedure 26(a)(3) and the following:
Summary: Joint pre-trial orders required in civil cases with specific content requirements.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
In jury cases—joint jury instructions, joint proposed voir dire questions, a joint verdict sheet, and any motions in limine. Submissions that are not joint will be rejected.
Summary: Joint submissions required for jury instructions, voir dire, and verdict sheet in jury cases.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
In non-jury cases—an affidavit for each witness (of up to 10 pages double-spaced) shall suffice (and serve) as that witness’s direct testimony.
Summary: Witness affidavits up to 10 double-spaced pages serve as direct testimony in non-jury cases.
Document Type
Witness Affidavit
Machine summary. Not checked yet.Mandatory?
The Government has a continuing, good faith obligation to seek Brady Material and Giglio Material from law enforcement and regulatory agencies that are or have been involved in the prosecution of the defendant or in parallel proceedings or investigations involving the defendant.
Summary: Government must continuously seek Brady and Giglio Material from law enforcement and regulatory agencies.
Document Type
Brady Giglio Disclosure
Machine summary. Not checked yet.Mandatory?
C. File the Order to Show Cause and supporting documents on ECF, following the Clerk’s Office Electronic Case Filing Rule 16.3.
Summary: File Order to Show Cause and supporting documents on ECF per Rule 16.3.
Document Type
Order To Show Cause
Machine summary. Not checked yet.Mandatory?
Letters must filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
Summary: Letters must be filed as attachments to a single SENTENCING MEMORANDUM document with caption and docket number.
Document Type
Sentencing Submission
Machine summary. Not checked yet.Mandatory?
B. The following papers must be provided in support of the Order to Show Cause: 1. an attorney’s affidavit stating why a default judgment is appropriate and providing legal authority why an inquest is unnecessary; 2. a proposed default judgment; 3. a copy of the affidavit of service of the original summons and complaint; 4. a Certificate from the Orders and Judgments Clerk (500 Pearl Street) stating that no answer has been filed;
Summary: Supporting documents required for Order to Show Cause: attorney affidavit, proposed judgment, service affidavit, clerk certificate.
Document Type
Order To Show Cause Supporting Documents
Machine summary. Not checked yet.Mandatory?
A. Prepare an Order to Show cause for default judgment and make the Order returnable at a conference before the Court. Leave blank the date, time, and room of the conference. (Please note: Service of all Orders to Show Cause shall be made in the same manner required to commence the action.) The Court will set the date, time, and room when he signs the Order.
Summary: Prepare Order to Show Cause for default judgment with blank date/time/room for conference.
Document Type
Order To Show Cause
Machine summary. Not checked yet.Mandatory?
D. Appear at the conference on the return date with the proposed default judgment separately backed. The proposed judgment must be approved by the Orders and Judgments Clerk prior to the conference. The default judgment must include a recital of service of the Order to Show Cause and Affidavit in support upon the defaulting party, including the date of service.
Summary: Attend conference with separately backed proposed judgment approved by clerk; judgment must include service recital.
Document Type
Default Judgment
Machine summary. Not checked yet.Mandatory?
Sentencing submissions, including any letters, are to be filed electronically via ECF.
Summary: Sentencing submissions and letters must be filed electronically via ECF.
Document Type
Sentencing Submission
Not confirmed. Read the court's wording below.Mandatory?
Any objections to proceeding by telephone or video shall be filed with the Court no later than one week prior to the scheduled conference and shall include relevant legal authorities.
Summary: An objection to a criminal conference proceeding by telephone or video must be filed at least one week before the conference and include relevant legal authorities.
Document Type
Objection
Machine summary. Not checked yet.Important?
If the Government fails to comply with these obligations, the Court, in addition to ordering production of the information, may: (1) specify the terms and conditions of such production; (2) grant a continuance; (3) impose evidentiary sanctions; (4) impose sanctions on any responsible lawyer for the Government; (5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or (6) enter any other order that is just under the circumstances.
Summary: Court may impose various sanctions for Brady/Giglio non-compliance including dismissal or vacating convictions.
Document Type
Brady Giglio Disclosure
Machine summary. Not checked yet.Note?
The Court does not generally perceive the need for extensive affidavits or exhibits in support of or in opposition to a motion.
Summary: Court generally does not require extensive affidavits or exhibits for motions.
Document Type
Motion
Machine summary. Not checked yet.Note?
A defendant’s sentencing memorandum and the Government’s sentencing memorandum are due in accordance with the schedule set by the Court.
Summary: Defendant’s and Government’s sentencing memoranda due per Court schedule.
Document Type
Sentencing Memorandum
Filing & Service rules
Electronic Filing Rules
Do not submit papers or courtesy hard copies to Chambers; file documents on ECF or email them when the Court’s Individual Rules permit or require it.
A. No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to BermanNYSDChambers@nysd.uscourts.gov.
Checked against the court's document on Oct 4, 2026
Page 1 | No Paper Submissions Absent Undue Hardship
Parties seeking a TRO or other emergency relief must email all papers to the Court in text-searchable PDF format.
Parties intending to file applications for TROs or other emergency relief must send all of their papers (in text-searchable PDF format) to the Court by email.
Checked and corrected to match the court's document on Oct 4, 2026
Page 2 | Applications for Temporary Restraining Orders (“TROs”).
If a party or counsel cannot submit a document electronically by ECF or email, it may be mailed, but mail should be avoided to the maximum extent possible.
B. In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed.
Checked against the court's document on Oct 4, 2026
Page 1 | No Paper Submissions Absent Undue Hardship
Filing Timing and Cure Windows
Objections to telephone or video proceedings must be filed no later than one week before the scheduled conference.
Any objections to proceeding by telephone or video shall be filed with the Court no later than one week prior to the scheduled conference and shall include relevant legal authorities.
Not confirmed. Read the court's wording below.
Page 1 | Conferences and Proceedings — In Criminal Cases
Courtesy Copy Requirements
Courtesy copies of pleadings (including Rule 7.1 statements) must be submitted to Chambers as soon as possible after filing.
Courtesy copies of pleadings (including Fed. R. Civ. P. 7.1 Statements), marked as such, shall be submitted to Chambers as soon as possible after filing.
Machine summary. Not checked yet.
Page 2 | 2. Motions
Courtesy copies of motion papers and exhibits must be submitted to Chambers at time of service, with exhibits bound, labeled, tabbed, and indexed.
Courtesy copies of all motion papers and any accompanying affidavits or exhibits, marked as such, shall be submitted to Chambers at the time the papers are served. Courtesy copies of any accompanying affidavits or exhibits shall be bound, labeled, tabbed, and indexed.
Machine summary. Not checked yet.
Page 2 | 2. Motions
Sealing & Redaction Procedures
Sealed filings require court approval and must follow specific procedures.
2. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.
Machine summary. Not checked yet.
Page 3 | 4. Sealing
Certain sensitive information must be redacted without court approval under FRCP 5.2.
A. Filing Under Seal in Civil and Miscellaneous Cases 1. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
Machine summary. Not checked yet.
Page 3 | 4. Sealing
No documents may be filed under seal without prior court authorization.
1. No pleadings, motions, or other documents may be filed under seal without prior authorization from the Court. When specifically authorized, counsel may email to bermannysdchambers@nysd.uscourts.gov an unredacted submission with a request to file under seal. If authorized to file under seal, counsel shall thereafter file a redacted version on the public docket.
Machine summary. Not checked yet.
Page 4 | 4. Sealing
Redaction/sealing applications must be filed with sentencing memorandum; redacted version on ECF, unredacted to Chambers.
If a party seeks to redact or seal information (beyond the (eleven) categories of information identified in the Southern District of New York’s ECF Privacy Policy), an application to do so must be served and filed with the Court at the time the sentencing memorandum is served. The application should clearly identify the proposed redaction and explain the reasons for the redaction or sealing and state whether opposing counsel agrees to the redaction or sealing. The redacted version must be filed on ECF. The unredacted version shall be submitted to Chambers for the Court’s determination as to whether sealing of such document is appropriate.
Machine summary. Not checked yet.
Page 7 | Criminal Case Sentencing Submissions
Filing Bundling Requirements
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
Machine summary. Not checked yet.
Page 2 | 2. Motions
Pre-Motion Conference Requirements
Pre-motion conference required before any motion except FRAP 4(a)(4)(A) motions and pro hac vice motions.
A pre-motion conference with the Court is required before making any motion, except: (1) motions that are required by Federal Rule of Appellate Procedure 4(a)(4)(A) to be made by a date certain; and (2) pro hac vice motions.
Machine summary. Not checked yet.
Page 1 | 2. Motions
Pre-motion letter must not exceed 3 pages (double-spaced) and must state bases for anticipated motion.
To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three pages (double-spaced) in length setting forth the bases for the anticipated motion.
Machine summary. Not checked yet.
Page 1 | 2. Motions
Pre-trial documents must be scheduled by court conference after discovery completion.
After the completion of discovery, the Court shall hold a conference to schedule the submission of pre-trial documents. No submissions other than those scheduled by the Court will be considered.
Machine summary. Not checked yet.
Page 4 | 5. Pre-trial Procedures
Court responds to pre-motion letter within 3 business days indicating whether conference will be scheduled.
The Court will respond to the pre-motion letter (indicating whether a pre-motion conference will be scheduled) within three business days of receiving the pre-motion letter.
Machine summary. Not checked yet.
Page 1 | 2. Motions
Most motions are resolved on submission; oral argument may be requested at pre-motion conference.
Most motions are resolved 'on submission.' Parties may request oral argument at a pre-motion conference.
Machine summary. Not checked yet.
Page 2 | 2. Motions
Adjournment & Extension Requirements
If adjournment/extension affects other dates, a proposed scheduling order reflecting business days must be attached.
If the requested adjournment or extension affects any other scheduled dates, a proposed scheduling order (reflecting only business days) must be attached.
Machine summary. Not checked yet.
Page 1 | 1. Communications with Chambers
Adjournment/extension requests must include original date, number of previous requests, their outcomes, and adversary consent status.
Requests shall state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether previous requests were granted or denied, and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent.
Machine summary. Not checked yet.
Page 1 | 1. Communications with Chambers
Adjournment/extension requests must be made by letter at least 48 hours before the scheduled date.
Requests for adjournments or extensions of time shall be by letter and shall be made at least 48 hours prior to the scheduled date.
Machine summary. Not checked yet.
Page 1 | 1. Communications with Chambers
Responses to motions in limine are due 7 days after filing.
Responses to motions in limine shall be due 7 days after filing of the motion(s).
Machine summary. Not checked yet.
Page 5 | B. Filings Prior to Trial in Civil Cases
Giglio Material must be disclosed 4 weeks before trial/guilty plea unless exceptional circumstances.
Absent exceptional circumstances, approved by the Court, Giglio Material must be disclosed four weeks prior to the date of the start of trial or guilty plea.
Machine summary. Not checked yet.
Page 6 | C. Prior to Trial in Criminal Cases
Brady Material discovered after indictment must be disclosed within 2 weeks of discovery or 4 weeks before trial/guilty plea.
Brady Material that becomes known to the Government following filing of the Indictment must be disclosed, absent exceptional circumstances, approved by the Court, within two weeks of when it becomes known and, in any event, no later than four weeks prior to any trial or guilty plea.
Machine summary. Not checked yet.
Page 6 | C. Prior to Trial in Criminal Cases
Giglio Material discovered less than 4 weeks before trial must be disclosed immediately.
Giglio Material developed less than four weeks before trial (e.g., as a result of further interviews of witnesses) must be disclosed immediately.
Machine summary. Not checked yet.
Page 6 | C. Prior to Trial in Criminal Cases
Chambers Communication Rules
Nothing may be delivered to Chambers by hand at this time.
D. Hand Deliveries. Nothing may be delivered to Chambers at this time.
Checked against the court's document on Oct 4, 2026
Page 2 | Communications with Chambers — Hand Deliveries
For urgent matters requiring immediate attention, parties should email Chambers with “URGENT” in the subject line, identifying case details and the issue, and providing a reachable telephone number.
B. Urgent Matters. For urgent matters requiring immediate attention, parties should send an email to Chambers that (1) includes the word “URGENT” in the subject line; (2) specifies the case name and docket number; (3) briefly describes the na- ture of the issue; and (4) provides a telephone number at which the party (and any other callers) can be reached.
Checked and corrected to match the court's document on Oct 4, 2026
Page 2 | Communications with Chambers — Urgent Matters
When a new criminal case is assigned, the AUSA must confer with defense counsel and immediately email the Court to arrange a prompt conference or arraignment.
E. In New Criminal Cases. Upon assignment of a new criminal case to Judge Berman, the Assistant United States Attorney (after conferring with defense counsel) must immediately email the Court to arrange for a prompt conference/arraignment.
Not confirmed. Read the court's wording below.
Page 2 | Communications with Chambers — In New Criminal Cases
Faxes may not be used for any purpose and will not receive a response.
C. Faxes. Faxes are not permitted for any purposes. They will not be responded to.
Not confirmed. Read the court's wording below.
Page 2 | Communications with Chambers — Faxes
Criminal conferences and proceedings should be held by telephone or video to the maximum extent possible.
B. In Criminal Cases. To the maximum extent possible, all conferences and proceedings will be held by either telephone or video.
We could not find this wording in the court's document. Open the source before relying on it.
Page 1 | Conferences and Proceedings — In Criminal Cases
Unless the Court orders otherwise, civil conferences and proceedings are held by telephone using the specified conference line and access code; members of the public may email for the security code.
A. In Civil Cases. Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. The parties should call into the Court’s dedicated conference line at (877) 336-1829, and enter Access Code 626-5989, followed by the pound (#) key. Participants for each conference will also be issued a Security Code to enter, followed by the pound (#) key. Members of the public who wish to listen in may contact Chelsea Tabolt by email at Chelsea_Tabolt@nysd.uscourts.gov for the security code.
We could not find this wording in the court's document. Open the source before relying on it.
Page 1 | Conferences and Proceedings — In Civil Cases
The TRO or emergency-relief email should say “URGENT” in the subject, provide a reachable telephone number, and state availability for a telephone conference in the next few days.
The email should (1) include the word “URGENT” in the subject line; (2) provide a telephone number at which the party (and any other relevant litigants) can be reached; and (3) provide the par- ty’s availability for a telephone conference in the succeeding few days.
Not confirmed. Read the court's wording below.
Page 2 | Applications for Temporary Restraining Orders (“TROs”).
Telephone calls will not be answered; parties are encouraged to send requests or inquiries through ECF or permitted email, and voicemails should briefly identify the issue and provide a callback number.
A. Telephone Calls. Telephone calls will not be answered. There may well be significant delays in responding to any voicemail messages. Thus, parties are encouraged to make any requests or inquiries to the Court through ECF or, if permitted or required under the Court’s Individual Rules and Practices, by email. If leaving a voicemail, a caller should (1) briefly state the nature of the issue (including, if applicable, the case name and docket number); and (2) provide a callback telephone number.
We could not find this wording in the court's document. Open the source before relying on it.
Page 2 | Communications with Chambers — Telephone Calls
Members of the public may email Chelsea Tabolt to obtain the security code to listen to a civil conference.
Members of the public who wish to listen in may contact Chelsea Tabolt by email at Chelsea_Tabolt@nysd.uscourts.gov for the security code.
Not confirmed. Read the court's wording below.
Page 1 | Conferences and Proceedings — In Civil Cases
A voicemail should briefly state the issue, include the case name and docket number if applicable, and provide a callback number.
If leaving a voicemail, a caller should (1) briefly state the nature of the issue (including, if applicable, the case name and docket number); and (2) provide a callback telephone number.
We could not find this wording in the court's document. Open the source before relying on it.
Page 2 | Communications with Chambers — Telephone Calls