Kim P Berg at a glance
- Current role
- U.S. Magistrate Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
U.S. Magistrate Judge · U.S. District Court for the Southern District of New York
In federal district-court civil proceedings, testimony is ordinarily taken in open court; remote contemporaneous testimony requires good cause in compelling circumstances and appropriate safeguards.
For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗
Federal district courts may not permit courtroom photography or broadcasting during criminal judicial proceedings unless a statute or another federal rule provides an exception.
Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
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.
Source page 1D. 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
Source page 1E. Requests for Adjournments or Extensions of Time. 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. 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..
Source page 1F. Urgent Requests. The Court ordinarily reviews ECF filings on the business day after filing. 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.
Source page 2Courthouse closures are announced by 6:00 a.m. For White Plains call (914) 390-4220 to hear a recorded message. For Poughkeepsie call (845) 452-4200 to hear a recorded message. In the event of a closure, all conferences will be canceled and a new conference date will be scheduled shortly after the Courthouse reopens. In the event of severe weather conditions when the Courthouse is open, counsel with scheduled appearances should call chambers to confirm that Judge Berg is holding court.
Source page 2S.D.N.Y Standing Order M10-468, dated February 18, 2010, defines “Personal Electronic Devices” and sets forth the requirements for an attorney to bring such a device into the Courthouse. 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). If an attorney needs access to such a device during a proceeding (such as when a subsequent appearance is being scheduled), permission to activate the device should be requested of the Court.
Source page 2If 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. If permitted by the Standing Order, mobile telephones are permitted inside the Courtroom but they must be turned off at all times.
Source page 2U.S. District Court for the Southern District of New York
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Official source ↗ · Collected 2026-10-27U.S. District Court for the Southern District of New York
Civil actions in United States District Courts; Rule 81 exceptions apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27U.S. District Court for the Southern District of New York
Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Identity source checked July 29, 2026.
Biography sources checked July 29, 2026.
Identity source · HTML · Administrative Office of the U.S. Courts · Source checked July 29, 2026
View U.S. Courts judicial profile or roster ↗Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗