Court Rules
Common questions about Judge Richard M. Berman's rules

Are courtesy copies required for Judge Richard M. Berman?

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.

View ruleSource: page 2, section 2. Motions

Does Judge Richard M. Berman require a pre-motion conference or letter before filing a motion?

Judge Richard M. Berman's rules set a pre-motion procedure for covered motions. Pre-motion conference required before any motion except FRAP 4(a)(4)(A) motions and pro hac vice motions.

View ruleSource: page 1, section 2. Motions

What page or word limits apply to memorandum of law before Judge Richard M. Berman?

Judge Richard M. Berman's rule states these limits: 25 pages; 10 pages. Memoranda of law (support/opposition) limited to 25 pages, reply memoranda to 10 pages, all double-spaced.

View ruleSource: page 2, section 2. Motions

What formatting rules apply to filings before Judge Richard M. Berman?

Judge Richard M. Berman's formatting rule includes other font, 12 point type, double spacing, no kerning or font compression, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, and footnotes may be single-spaced. Memoranda must use double spacing, one-inch margins, 12-point font for text and footnotes (footnotes may be single-spaced).

View ruleSource: page 2, section 2. Motions

What must be included with order to show cause filings before Judge Richard M. Berman?

The rule identifies required filing content or certificates. Order to show cause applications must include written explanation with authority why ordinary motion practice is unavailable.

View ruleSource: page 1, section 2. Motions

What must be included with memorandum of law filings before Judge Richard M. Berman?

The rule requires table of contents and table of authorities. Memoranda of 10+ pages must include table of contents and table of authorities.

View ruleSource: page 2, section 2. Motions

How does Judge Richard M. Berman handle sealed or redacted filings?

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.

View ruleSource: page 3, section 4. Sealing

How do I request an adjournment or extension before Judge Richard M. Berman?

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.

View ruleSource: page 1, section 1. Communications with Chambers

Does Judge Richard M. Berman require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Motion papers must be filed promptly after service.

View ruleSource: page 2, section 2. Motions
Complete rules summary for Judge Richard M. Berman

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.

Pre-motion conference required before any motion except FRAP 4(a)(4)(A) motions and pro hac vice motions.

Pre-motion letter must not exceed 3 pages (double-spaced) and must state bases for anticipated motion.

Court responds to pre-motion letter within 3 business days indicating whether conference will be scheduled.

Order to show cause applications must include written explanation with authority why ordinary motion practice is unavailable.

Courtesy copies of pleadings (including Rule 7.1 statements) must be submitted to Chambers as soon as possible after filing.

Courtesy copies of motion papers and exhibits must be submitted to Chambers at time of service, with exhibits bound, labeled, tabbed, and indexed.

Memoranda of law (support/opposition) limited to 25 pages, reply memoranda to 10 pages, all double-spaced.

Memoranda of 10+ pages must include table of contents and table of authorities.

Memoranda must use double spacing, one-inch margins, 12-point font for text and footnotes (footnotes may be single-spaced).

Motions must be filed jointly by multiple movants on same side unless Court provides otherwise.

All parties opposing a motion must file a joint opposition.

Cross-motions must be included in the opposition brief.

One joint reply may be filed in support of a motion and must include opposition to any cross-motion.

Court generally does not require extensive affidavits or exhibits for motions.

Motion papers must be filed promptly after service.

Most motions are resolved on submission; oral argument may be requested at pre-motion conference.

Confidentiality orders must include specific language about court discretion over confidential treatment.

Certain sensitive information must be redacted without court approval under FRCP 5.2.

Sealed filings require court approval and must follow specific procedures.

No documents may be filed under seal without prior court authorization.

Pre-trial documents must be scheduled by court conference after discovery completion.

Joint pre-trial orders required in civil cases with specific content requirements.

Joint submissions required for jury instructions, voir dire, and verdict sheet in jury cases.

Witness affidavits up to 10 double-spaced pages serve as direct testimony in non-jury cases.

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.

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