---
title: "Richard Mark Gergel | KnowJudges"
canonical: "https://knowjudges.com/kyj/judge/richard-mark-gergel"
page_type: "judge_profile"
updated: "2026-10-07"
---

# Richard Mark Gergel

U.S. District Court for the District of South Carolina · U.S. District Judge

## Profile

- Court: U.S. District Court for the District of South Carolina
- State: South Carolina
- Role: U.S. District Judge
- Service status: active
- Last verified: 2026-07-25

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- Judge, District Court, D. South Carolina, 2010-present
- American lawyer and United States District Judge for the District of South Carolina, serving since August 9, 2010
- Veteran attorney with a strong background in personal injury law and a notable First Amendment case, now serving as a federal district judge in South Carolina since 2010, appointed through a bipartisan process
- From 1979 to 1980, Gergel was a law clerk in Columbia, SC, then a partner at a local firm (1981–1982)

### Education

- Duke University — J.D. (1979)
- Duke University — B.A. (1975)
- Duke University School of Law

### Additional information

- Private practice, Columbia, SC, 1979-2010
- On December 22, 2009, President Barack Obama nominated Gergel to replace Judge Henry M. Herlong Jr., who had assumed senior status in 2009.
- In 1994, he represented the South Carolina Education Association and teacher Maggi Smith Hall in Hall v.
- In 1983, he founded and led his own law firm, Gergel, Nickles and Solomon, specializing in personal injury law.
- Born August 14, 1954, in Columbia, South Carolina.
- Date of birth: 1954-01-01
- Birth place: Columbia, SC

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### civil remote testimony

Scope: 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.

Evidence excerpt: 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](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure)
Source checked: 2026-07-26

### criminal recording and broadcasting

Scope: 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.

Evidence excerpt: 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](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts)
Source checked: 2026-07-26


## Sources

- [Official profile](https://www.fjc.gov/node/1393296)
- [Official roster](https://www.fjc.gov/node/1393296)
- [Federal Judicial Center biography](https://www.fjc.gov/node/1393296)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/1175/richard-mark-gergel/)
- [Federal Rule of Civil Procedure 43(a), Testimony in Open Court](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure)
- [Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/1175/richard-mark-gergel/)
- [Wikidata: Richard Mark Gergel](https://www.wikidata.org/wiki/Q7327638)

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## Federal civil docket activity

Dataset updated through 2026-06-30.

| Period | Assigned cases | Terminated cases | Median disposition (months) | Median sample |
| --- | ---: | ---: | ---: | ---: |
| 1y | 6615 | 16 | 5.4 | 16 |
| 2y | 13920 | 212 | 3 | 212 |
| 5y | 23130 | 4605 | 11.6 | 4605 |
| 10y | 25961 | 6467 | 11.2 | 6467 |

Source: https://www.courtlistener.com/recap/


## Published courtroom rules

### Shared court rules

- [Federal Rules of Civil Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-651872d6e45e0d82319ecccc) — 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf). Collected 2026-10-27.
- [Federal Rules of Criminal Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-8721a344fececced2257fe1d) — 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf). Collected 2026-10-27.
