judge console · S.D.N.Y.
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.

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

Affidavit with good and specific reasons required; state if prior application 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

Memoranda of law in support of or in opposition to a motion limited to 25 pages; reply memoranda limited to 10 pages S.D.N.Y. L.R. 7.1(b) ↗

Opposition

8,750 words maximum for opposition brief. Local Civil Rule 7.1(c) ↗

Reply

3,500 words maximum for reply brief. Local Civil Rule 7.1(c) ↗

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

Opposition due 14 days after service; reply due 7 days after opposition. Local Civil Rule 6.1(b) ↗

Hearing days

Silent on fixed motion hearing days. The joint local rules establish no motion-day calendar. LCR 7.1 governs motion practice (content, formatting, and briefing deadlines) but sets no court hearing dates; any hearing is scheduled at each judge's discretion per their individual practices. Local Civil Rule 7.1 ↗

Proposed orders
🏛 S.D.N.Y. local rule

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

Motions are decided on submission unless the court schedules oral argument; contact chambers to request oral argument S.D.N.Y. L.R. 7.1(b) ↗

Discovery
Discovery referral procedure
🏛 S.D.N.Y. local rule

Must first request informal conference by letter before filing discovery motion. Local Civil Rule 37.2 ↗

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