Courtesy copies are required for covered filings before Judge Richard M. Berman. Details: delivery upon filing, by hand delivery. Courtesy copies of pleadings (including Rule 7.1 statements) must be submitted to Chambers as soon as possible after filing.
Judge Richard M. Berman's rules set a pre-motion procedure for extension, adjournment, pre motion conference, and nondispositive. Letter-motions are permitted for extensions, adjournments, pre-motion conferences, and nondispositive matters; other motions require judicial authorization.
Judge Richard M. Berman's rule states these limits: attorney: 3500 words; 3500 words; attorney: 1750 words; 1750 words; pro se: 10 pages; pro se: 10 pages; pro se: 5 pages; pro se: 5 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. For reconsideration motion briefs: attorney/computer-prepared support/response briefs limited to 3500 words, replies to 1750 words; pro se handwritten/typewriter briefs limited to 10 pages (support/response) and 5 pages (reply).
Judge Richard M. Berman's rule states these limits: attorney: 8750 words; 8750 words; attorney: 3500 words; 3500 words; pro se: 25 pages; pro se: 25 pages; pro se: 10 pages; pro se: 10 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates.
Judge Richard M. Berman's formatting rule includes 12 point type, text may be larger than 12-point, and footnote text may be 10-point type. All document text must be 12-point type or larger, with footnotes permitted to be 10-point type.
The rule requires local rule certificate. Pro hac vice motions for non-DOJ federal agency attorneys require a local rule certificate of good standing issued within one year of filing.
The rule requires certificate of service. Attorneys must update PACER and serve/file a notice of address change in all pending cases when their office address changes.
Judge Richard M. Berman's rules set procedures for sealed or redacted filings. Process: file redacted on ecf. Certain sensitive information must be redacted without court approval under FRCP 5.2.
Requests should be made at least 48 hours in advance when this rule applies before Judge Richard M. Berman. Adjournment/extension requests must be made by letter at least 48 hours before the scheduled date.
No. The rule prohibits holding covered papers for bundling. Motion papers must be filed promptly after service.
Yes. Electronic filing is required for the covered filings. Attorneys for DOJ or Federal Defenders of NY must request e-filing privileges via PACER.
The rule does not require a fee for the covered filing. Pro hac vice admission fee is waived for non-DOJ federal agency attorneys; certificate of good standing issued within one year required.
Attorneys for DOJ or Federal Defenders of NY must request e-filing privileges via PACER.
Pro hac vice admission fee is waived for non-DOJ federal agency attorneys; certificate of good standing issued within one year required.
Pro hac vice motions for non-DOJ federal agency attorneys require a local rule certificate of good standing issued within one year of filing.
Attorneys must update PACER and serve/file a notice of address change in all pending cases when their office address changes.
Counsel must e-file via ECF per court instructions, except when exempted by court order or Fed. R. Civ. P. 5.
Highly Sensitive Documents must be filed in hard copy per district orders.
Presiding judges may grant e-filing privileges to pro se litigants; if not, electronic submissions are accepted per court website requirements.
Pro se electronic filings must be signed via one of three methods: signed and scanned, digital signature, or /s/ Name.
For motions under Fed. R. Civ. P. 26-37 and 45(d)(3), opposing papers must be served within 7 days of moving papers service, replies within 2 days of answering papers service; compute days per Fed. R. Civ. P. 6.
For civil motions not under Rule 6.1(a) and not habeas petitions, opposing papers must be served within 14 days of moving papers service.
Unless exempt, all filing and service must be completed via the ECF electronic system.
Ex parte orders or orders to show cause require an affidavit with clear showing of need for non-notice motion and disclosure of prior similar applications.
Motions for reconsideration must be served within 14 days of the entry of the challenged court order, unless otherwise provided.
Motions for reconsideration must be served with a memorandum concisely stating matters or controlling decisions the court allegedly overlooked.
Affidavits may only be filed if expressly directed by the court.
For reconsideration motion briefs: attorney/computer-prepared support/response briefs limited to 3500 words, replies to 1750 words; pro se handwritten/typewriter briefs limited to 10 pages (support/response) and 5 pages (reply). Page limits convert to 350 words per page for attorney/computer briefs. Excludes caption, TOC, TOA, sig blocks, certificates; includes footnotes/endnotes.
Briefs filed by an attorney or prepared on a computer require a local rule compliance certificate per Local Civil Rule 7.1(c).
All document text must be 12-point type or larger, with footnotes permitted to be 10-point type.
All documents must have margins of at least one inch on all sides.
All document text must be double-spaced, except headings, footnotes, and block quotations which may be single-spaced.
Attorney-filed or computer-prepared briefs (except reconsideration support/response) are limited to 8750 words (support/response) and 3500 words (reply); pro se handwritten/typewriter briefs are limited to 25 pages (support/response) and 10 pages (reply); court-set page limits equal 350 words per page.
All briefs must include a signed certificate certifying compliance with word-count limits and stating the word count.
Notice of motion or order to show cause must specify the applicable rules/statutes and the relief sought.
Memoranda of law must set forth all relied-upon authorities and be divided into issue-based parts.
Supporting affidavits and exhibits must contain all necessary factual information and record portions for the motion decision.
Oppositions and replies must comply with memorandum and affidavit requirements; opposing parties seeking additional relief must also include a proper notice of motion.
Bankruptcy appeal appellate briefs must follow Fed. R. Bankr. P. 8015-8017 unless the assigned district judge orders otherwise.
Letter-motions are permitted for extensions, adjournments, pre-motion conferences, and nondispositive matters; other motions require judicial authorization.
Represented parties moving to amend or supplement pleadings under Fed. R. Civ. P. 15 must include clean and redline copies of the proposed pleading; pro se parties only need the proposed pleading.
Redline copies of proposed amended or supplemental pleadings must show all differences from the prior pleading using redlining, underlining, strikeouts, or similar typographic methods.