Richard M. Berman at a glance
- Current role
- Senior Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Richard M. Berman
Senior Judge · U.S. District Court for the Southern District of New York
Service record and verification
Judicial service and assignments
- U.S. District Court for the Southern District of New York · Judge · Senior · October 22, 1998–present · Assignment source ↗
Appointment and verification
- Appointment method
- Presidential appointment with Senate confirmation
- Appointing authority
- William J. Clinton
- Source authority
- Federal Judicial Center Biographical Directory
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Biography
Professional career
- He assumed senior status on September 11, 2011, after serving as a district judge since 1998
- Judge, District Court, S.D. New York, 1998-2011
- Judge, Queens County New York Family Court, 1995-1998
Education
- W. — Fordham University — M.S. (1996)
- Cornell University — B.S. (1964)
- New York University School of Law
Additional information
- Private practice, New York City, 1986-1995
- General counsel and executive vice president, Warner Cable Corporation, 1978-1986
- Executive director, New York State Alliance to Save Energy, Inc., 1977-1978
- Jacob Javits, NY, 1974-1977
- Private practice, New York, 1970-1974
- Date of birth: 1943-01-01
- Executive assistant, U.S. Sen.
- Long‐serving federal judge known for presiding over numerous high‐profile cases in the Southern District of New York (SDNY).
- Birth place: New York, NY
Applicable Court Rules & Procedures
Remote appearances
Courtwide
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 ↗
Recording and broadcasting
Courtwide
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 ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (41 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
A. Letters. Communications with Chambers shall be by letter. Letters should be file electronically on ECF. Copies of correspondence between counsel shall not be filed on ECF or otherwise sent to the Court.
Source page 1Communications with chambers
B. Telephone Calls. Telephone calls to Chambers are not permitted except in emergency situations. Any calls to Chambers must include counsel for both sides to the litigation and may not be ex parte.
Source page 1Communications with chambers
C. Faxes. Faxes to Chambers are not permitted unless specifically authorized.
Source page 1Communications with chambers
D. Emails. Emails to Chambers are not permitted unless specifically authorized.
Source page 1Adjournments
E. Requests for Adjournments or Extensions of Time. Requests for adjournments or extensions of time shall be by letter and shall be made at least 48 hours prior to the scheduled date. 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. If the requested adjournment or extension affects any other scheduled dates, a proposed scheduling order (reflecting only business days) must be attached.
Source page 1Motion practice
A. Pre-Motion Conferences in Civil Cases. 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. 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
Source page 1Motion practice
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.
Source page 2Communications with chambers
1. Pleadings. 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.
Source page 2Communications with chambers
2. Motion Papers. 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.
Source page 2Motion practice
C. Memoranda of Law. 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). All memoranda of 10 pages or more shall contain a table of contents and a table of authorities. Use double spacing, one-inch margins, and 12-point font for text and footnotes (footnotes may be single-spaced).
Source page 2Motion practice
1. Opening Memoranda. 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.
Source page 2Motion practice
2. Opposition/Cross-Motion. All parties opposing a motion shall file a joint opposition.
Source page 2Motion practice
3. Reply. One joint reply may be filed in support of a motion. Replies shall include any opposition to a cross-motion.
Source page 2Motion practice
E. Filing of Motion Papers. Motion papers shall be filed promptly after service.
Source page 2Motion practice
G. Motions for Final Approval of Class Settlement and Attorneys’ Fees. Parties moving for final approval of a class settlement and for class counsel’s fees should include
Source page 2Motion practice
in their motion papers, (1) class counsel’s contemporaneous time sheets, which may be submitted for in camera review; (2) invoices documenting class counsel’s requested expenses; (3) the claims administrator’s requested fees and expenses, and contemporaneous time sheets (which should include an estimated amount of fees and expenses to administer the settlement fund after final approval of the settlement and approval of any final distribution plan); (4) the claims administrator’s contemporaneous time sheets may be submitted for in camera review; and (5) invoices documenting the claims administrator’s requested expenses.
Source page 3Motion practice
Any subsequent motion for an award of claims administrator’s fees and expenses should include contemporaneous time sheets and invoices documenting the fees and expenses incurred after the filing of the motion for final approval of settlement and for class counsel’s fees.
Source page 3Conferences and appearances
Neither attorneys’ fees or expenses nor the claims administrator’s fees or expenses are to be paid until at least 80% of the settlement fund has been distributed, i.e. checks have been mailed, to the class.
Source page 3Filing and working copies
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.
Source page 3Motion practice
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.
Source page 3Communications with chambers
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.
Source page 4Discovery
5. Pre-trial Procedures 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.
Source page 4Trial exhibits and witnesses
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
Source page 4Trial exhibits and witnesses
6. A statement as to whether or not all parties have consented to trial of the case by a magistrate judge (without identifying which parties have or have not consented);
Source page 4Trial exhibits and witnesses
9. A list and brief explanation of all exhibits to be offered by each party. Any objections, and the basis for each objection, shall be noted following the exhibit objected to; and
Source page 5Trial exhibits and witnesses
10. A brief statement of the damages claimed, including dollar amounts, for each claim, counterclaim, and cross-claim. Expert testimony will not be admitted at trial unless the party calling such expert has complied with Federal Rule of Civil Procedure 26(a)(2).
Source page 5Filing and working copies
B. Filings Prior to Trial in Civil Cases. The parties shall file at the time of the filing of
Source page 5Motion practice
1. 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. Responses to motions in limine shall be due 7 days after filing of the motion(s).
Source page 5Filing and working copies
Any objections to a party’s proposed jury instruction shall be noted following the instruction objected to, and an alternative instruction shall be proposed in the same document. In addition to the courtesy copies required under Paragraph 2.B, proposed jury instructions shall be submitted to the Court in electronic format;
Source page 5Trial exhibits and witnesses
2. 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. Live cross- examination and re-direct only will occur at trial; and A statement of the elements of each claim, counterclaim, cross-claim, or defense, together with a summary of the facts relied upon to establish each element.
Source page 5Trial exhibits and witnesses
C. Prior to Trial in Criminal Cases. The parties shall file in accordance with the
Source page 5Motion practice
1. Joint jury instructions, joint proposed voir dire questions, a joint verdict sheet, and any motions in limine. Submissions (other than motions in limine) that are not joint will be rejected. Responses to motions in limine shall be due 7 days after filing of the motion(s) unless otherwise ordered by the Court.
Source page 5Filing and working copies
Any objections to a party’s proposed jury instructions shall be noted following the instruction objected to, and an alternative instruction shall be proposed in the same document. In addition to the courtesy copies required under Paragraph 2.B, proposed jury instructions shall be submitted to the Court in electronic format.
Source page 5Filing and working copies
a. Brady Material known to the Government at the time of Indictment – other than purely impeachment materials and information required to be produced pursuant to Giglio v. United States and its progeny (“Giglio Material”) – must be produced to defense counsel no later than two weeks following the date of the filing of the indictment, regardless of whether or not the parties are engaged in plea discussions. Such Brady Material includes, by way of example, not only information that tends to exculpate a Defendant or support a potential defense to the charged offense(s), but also information that tends to mitigate the degree of the defendant’s culpability or to mitigate punishment. This requirement applies regardless of whether the Government “credits” the Brady Material.
Source page 6Filing and working copies
b. Brady Material (other than Giglio 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.
Source page 6Trial exhibits and witnesses
c. 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. Such material includes, by way of example) a witness’s prior inconsistent statements, written or oral; benefits given and promises made to the witness;
Source page 6Trial exhibits and witnesses
information that tends to show that the witness has a personal motive to inculpate the defendant; and information that tends to show that the witness has a physical or mental impairment that could affect the witness’s ability to perceive, recall, or recount relevant events. Giglio Material developed less than four weeks before trial (e.g., as a result of further interviews of witnesses) must be disclosed immediately.
Source page 6Motion practice
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.
Source page 7Motion practice
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.
Source page 7Filing and working copies
7. Criminal Case Sentencing Submissions Sentencing submissions, including any letters, are to be filed electronically via ECF. Letters must filed together as attachments to a single document marked SENTENCING MEMORANDUM with the caption and docket number clearly indicated.
Source page 7Communications with 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.
Source page 7Shared court rules
SDNY and EDNY — Joint Local Civil and Criminal Rules
U.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 2026-10-27Federal Rules of Civil Procedure, December 1, 2025
U.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 2026-10-27Federal Rules of Criminal Procedure, December 1, 2025
U.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 2026-10-27Sources
Identity source checked July 25, 2026.
Biography sources checked August 2, 2026.
Federal Judicial Center biography
Identity source · HTML · Federal Judicial Center Biographical Directory · effective October 22, 1998 · Source checked July 25, 2026
View Federal Judicial Center biography ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗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 Civil Procedure 43(a), Testimony in Open Court ↗Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited
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 ↗