Court Rules
senior Judge
Verified Current9 days ago

Judge Colleen McMahon

Southern District of New York

Limits & Logistics

Document Limits

Pretrial Order
45 pgs
Memorandum Of Law
25 pgs
In Limine Motion
5 pgs
In Limine Response
5 pgs
Trial Memorandum
25 pgs

Courtesy Copies

Filings (All filings)

Required

Filings

Required

Filings (Pleading)

Required

Filings (Pleading, Motion, Supporting Memorandum, Memorandum In Opposition, Reply, Supporting Papers)

Required

Filings (Pretrial Order)

Required

Filings (Requests To Charge, Proposed Voir Dire Questions, Draft Verdict Form)

Required

Filings (Exhibits)

Required

Adjournments

Notice Required
0Calendar Days

Must Include

  • 1
    Reason For Request

Must Include

  • 1
    Reason For Request
  • 2
    Specificity Of Reasons
  • 3
    Original Date
  • 4
    Number Of Previous Requests
  • 5
    Previous Requests Granted Or Denied
  • 6
    Adversary Position
  • 7
    Affects Other Dates
  • 8
    Proposed Rescheduled Date
Notice Required
48Hours

Must Include

  • 1
    Opposition Papers
Notice Required
2Business Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
Notice Required
5Calendar Days
Notice Required
30Calendar Days

Communication

Email

Chambers

Mariela_DeJesus@nysd.uscourts.gov
Scheduling
Letter Fax

Chambers

Scheduling
Phone

Chambers

(212) 805-6325
Emergencies
Advance Notice Required
No Hours, Status Inquiries
Email

Chambers

Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

Advance Notice Required
No Hours, Status Inquiries
Phone

Intake Unit

(212) 805-0175
Advance Notice Required
No Hours, Status Inquiries
Letter Fax

Chambers

Advance Notice Required
No Hours, Status Inquiries
Letter Ecf

Chambers

Technical Issues
No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationMemorandaElectronicsECF FilingExhibitsDiscoveryLetters

Detailed Drafting Rules

Communication ProtocolNote

Civil conferences available by phone/Skype; requests to Deputy Clerk at Mariela_DeJesus@nysd.uscourts.gov.

The court is available to hold civil conferences by telephone or Skype for Business at any time if counsel agree; requests for conferences should be addressed to the Deputy Clerk at Mariela_DeJesus@nysd.uscourts.gov.

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 1
|SecMODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS
Communication ProtocolMandatory

Fax requests to chambers at 212-805-6426 in addition to ECF filing.

Counsel should fax a copy of such requests to chambers as 212-805-6426 in addition to filing same on ECF.

Letter Fax

Direct to: Chambers

Approved Topics
Scheduling
Page 1
|SecMODIFICATION TO EXISTING CIVIL SCHEDULING ORDERS AND RELATED MATTERS
Communication ProtocolNote

Emergency communications allowed with chambers

Emergency Communications with Chambers

Phone

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Hours
    9:00 AM - 5:00 PM
Communication ProtocolMandatory

All communications with chambers must be via ECF with courtesy copies to all parties; no correspondence between counsel to court.

All communications with Chambers on any subject must be in writing and filed via ECF, with copies delivered simultaneously to all counsel or pro se parties. Do not send copies of correspondence between counsel to the Court. Courtesy copies of all pleadings and motions. Sealed documents should be electronically filed in accordance with Part V.A, infra. Do not send courtesy copies of other documents to Chambers.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    normal_business_hours
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Emails to chambers email addresses will be ignored.

Do not send emails to any email address in chambers. Any email sent to a chambers email address will be ignored.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    none
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Telephone calls to chambers are prohibited except for real emergencies.

Telephone calls to Chambers are not permitted, except in the case of a real emergency. Judge McMahon’s deputy clerk and law clerks will not discuss cases or clarify rules over the telephone. Any requests for clarification should be submitted in writing.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    none
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolNote

ECF filings reviewed next business day; call chambers for immediate attention after filing.

As a general matter, materials filed via ECF are reviewed by the Court the business day after they have been filed. If a submission requires more immediate attention, please notify Chambers by telephone after you file your submission on ECF.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    none
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Emergency phone numbers for civil (212-805-6325) and criminal (212-805-6329) matters.

In case of a real emergency, the attorney for a represented party in a civil matter may call (212) 805-6325, and should include opposing counsel on the call. An attorney with a pressing issue in a criminal matter may call (212) 805-6329.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    none
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Pro se parties should contact Pro Se Intake Unit at (212) 805-0175, not chambers.

A party who does not have an attorney should not call Chambers. The Court has an office dedicated to parties without attorneys, called the Pro Se Intake Unit. It may be reached at (212) 805-0175 during normal business hours, 8:30 a.m. to 5:00 p.m., Monday through Friday (except federal holidays).

Phone

Direct to: Intake Unit

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    8:30 AM - 5:00 PM, Monday through Friday (except federal holidays)
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Faxing courtesy copies to chambers is prohibited unless court directs otherwise.

Courtesy copies of motions and supporting papers may not be faxed to Chambers unless the Court specifically directs that fax be used. If the Court has specifically directed parties to communicate with Chambers via fax, do not follow with a hard copy.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    none
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Documents longer than 10 pages cannot be faxed without prior authorization.

No document longer than 10 pages may be faxed without prior authorization.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    prior_authorization_required_for_documents_over_10_pages
Prohibited
  • Hours
    none
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Chambers will not accept faxes from pro se litigants; they must file with Pro Se Clerk’s Office.

Under no circumstances will Chambers accept faxes from pro se litigants. If pro se litigants send faxes to Chambers, the faxes will be ignored. Pro se litigants must instead file all papers that they want Judge McMahon to read with the Pro Se Clerk’s Office.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    none
  • Status Inquiries
Page 4
|SecI. Communications with Chambers
Communication ProtocolMandatory

Pro se litigants must contact Pro Se Intake Unit only, not Chambers, by phone during business hours.

Pro se litigants may not contact Chambers by phone, fax or email, but must direct all communications through the Pro Se Intake Unit, which can be reached at (212) 805-0175 during normal business hours, 8:30 a.m. to 5:00 p.m., Monday through Friday (except federal holidays). We will not respond to communications from pro se litigants who try to contact chambers by any other means.

Phone

Direct to: Intake Unit

Prohibited
  • Hours
    8:30 a.m. to 5:00 p.m., Monday through Friday (except federal holidays)
  • Status Inquiries
Page 6
|SecPro Se Cases
Format RequirementMandatory

Exhibits must be tabbed and indexed; documents under 35 pages should be stapled; exhibits must be bound separately from briefs.

All exhibits must be tabbed and indexed. Documents under 35 pages should be stapled, not bound. Exhibits to legal memoranda must not be bound to the brief. Please bind them separately and submit them to the Court along with the brief.

Typography
Font FamilyOther
Layout & Binding
Binding Style
Stapled
Page 10
|SecV. Pleadings and Motions
Page or Word LimitMandatory

Memoranda of law limited to 25 pages (support/opposition) and 10 pages (reply), except reconsideration motions.

Unless prior permission has been granted, memoranda of law in support of and in opposition to motions, other than a motion for reconsideration, are limited to 25 pages, and reply memoranda are limited to 10 pages.

Adjournment RequirementImportant

Page limit extensions must be requested in writing 5 days before due date (1 day for reply briefs).

Requests to file memoranda exceeding the page limits set forth herein must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the time is one day prior to the due date.

Notice Required

5Calendar Days

Before deadline or appearance

Applies to:
Extension
Format RequirementMandatory

Memoranda must use 12-point serif font, double-spaced, 1-inch margins, footnotes in 12-point if used.

Memoranda must utilize a 12-point serif font (e.g., Times New Roman) and must be double-spaced with margins of at least one inch all around. Footnotes should be avoided. If any footnotes are included, they must be in 12-point font.

Applies When:Document Type Set Undefined
Typography
Font FamilyTimes New Roman
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Document RequirementMandatory

Cannot circumvent page limits by attaching affidavits/declarations instead of fact section.

Parties shall not attempt to circumvent the above page limits by attaching an affidavit or declaration in lieu of a fully developed statement of the facts in the brief. The fact section of the brief must include all the facts that you will discuss or rely upon for purposes of the motion under consideration.

Document Type

Memorandum Of Law

Content & Formatting
Ai Disclosure
Proposed Order
Certificate Of Service
Local Rule Certificate
Certificate Of Conference
Notice Of Electronic Filing
Exhibit List
Legal Argument
Table Of Contents
Statement Of Facts
Table Of Authorities
Format RequirementMandatory

Appendices over 5 pages must be bound separately, not affixed to brief.

If you are submitting an appendix to your brief of more than five pages, you must bind the appendix separately. Do not affix the appendix to your brief.

Applies When:Page Threshold > 5
Layout & Binding
Binding Style
Separate Binding Required
Document RequirementMandatory

Summary judgment motions: attach only relevant deposition pages, not complete transcripts; tab and index each entry.

On motions for summary judgment, do not attach complete deposition transcripts as exhibits. Attach only pages containing relevant testimony (to which citation is made in the briefs or affidavits). Each entry must be separately tabbed and indexed.

Document Type

Summary Judgment Motion

Content & Formatting
Exhibit List
Legal Argument
Table Of Contents
Statement Of Facts
Table Of Authorities
Document RequirementImportant

Settlement preliminary approval motions must include specific proposed dates for fairness hearing, not just timeframes.

For any motion seeking preliminary approval of a settlement and seeking to schedule a fairness hearing, the parties should include a schedule with proposed dates. In other words, do not simply say, “Fairness hearing to be held ninety (90) days after approval of this order.” Include the actual proposed dates, i.e., “Fairness hearing to be held Monday, July 29, 2019.”

Document Type

Motion

Content & Formatting
Proposed Order
Page 15
|SecMotions for Preliminary Approval of Settlements
Page or Word LimitMandatory

In limine motions limited to 5 pages with supporting affidavit.

Every application for a ruling must be filed with a separate notice of motion, together with a brief of no more than five pages and a supporting affidavit that attaches a copy of any relevant testimony or exhibits.

Page or Word LimitMandatory

In limine motion responses limited to 5 pages.

Responses to in limine motions are also to be filed individually and must be no more than five pages.

Page or Word LimitMandatory

Trial memoranda of law limited to 25 double-spaced pages.

Trial memoranda of law that identify the issues, summarize the facts, and review the applicable law, not to exceed 25 double-spaced pages;

Communication ProtocolMandatory

Telephonic appearances require prior written permission at least two business days in advance with stated reason.

Telephonic appearances are not permitted in lieu of personal appearances unless the Court has provided prior written permission for a party to appear telephonically. A request to appear by telephone must be made in writing at least two business days prior to the scheduled appearance and must state the reason why an exception should be made.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    2 business days
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPOLICY REGARDING TELEPHONIC APPEARANCES
Communication ProtocolMandatory

Telephonic appearances never permitted for trials or evidentiary hearings.

Requests will never be granted for trials or evidentiary hearings, for which all counsel and witnesses must appear in person.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    2 business days
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPOLICY REGARDING TELEPHONIC APPEARANCES
Communication ProtocolMandatory

Telephonic appearance requests must be submitted via CM-ECF or fax.

Requests should be submitted electronically via CM-ECF or via fax to (212) 805-6326.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    2 business days
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPOLICY REGARDING TELEPHONIC APPEARANCES
Communication ProtocolMandatory

Telephonic appearances must be arranged by 12:00 p.m. the day before via CourtCall.

After the Court has given written permission for a party to appear telephonically, the appearance must be arranged, not later than 12:00 p.m. the day prior to the hearing, by calling CourtCall at (866) 582-6878 or (310) 342-0888 or going to www.courtcall.com.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    12:00 p.m. day before
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPROCEDURES FOR TELEPHONIC APPEARANCE
Communication ProtocolMandatory

Counsel must dial in at least 10 minutes before scheduled hearing.

It is counsel’s responsibility to dial into the call not later than 10 minutes prior to the scheduled hearing.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    10 minutes before hearing
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPROCEDURES FOR TELEPHONIC APPEARANCE
Communication ProtocolMandatory

Prohibited phone types for telephonic appearances except extreme emergencies.

The use of car phones, cellular phones, speaker phones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    2 business days
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPROCEDURES FOR TELEPHONIC APPEARANCE
Communication ProtocolMandatory

Must mute phone until matter is called to avoid interfering with other hearings.

You must place your phone on 'mute' until your matter is called to ensure the quality of the record and to avoid interfering with other hearings in progress.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    2 business days
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPROCEDURES FOR TELEPHONIC APPEARANCE
Communication ProtocolMandatory

Multiple participants only allowed with full compliance with all procedures.

Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    2 business days
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPROCEDURES FOR TELEPHONIC APPEARANCE
Communication ProtocolMandatory

Sanctions for procedural deviations include calendar removal, continuance, monetary penalties, or permanent telephonic appearance prohibition.

Sanctions may be imposed when there is any deviation from the required procedures or the court determines that a person’s conduct makes telephonic appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing telephonically.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    2 business days
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecPROCEDURES FOR TELEPHONIC APPEARANCE
Document RequirementMandatory

Parties must agree on search method and terms with e-discovery liaison assistance

The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties' respective systems.

Document Type

Discovery

Content & Formatting
Ai Disclosure
Proposed Order
Certificate Of Service
Local Rule Certificate
Certificate Of Conference
Notice Of Electronic Filing
Exhibit List
Legal Argument
Table Of Contents
Statement Of Facts
Table Of Authorities
Page 2
|SecSearch methodology
Communication ProtocolNote

Discovery disputes are resolved by the assigned Magistrate Judge.

Discovery disputes in this case will be resolved by the assigned Magistrate Judge, who is .

Letter via ECF

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 2
|SecDiscovery disputes
Communication ProtocolMandatory

First discovery dispute requires letter to Chambers via ECF for Magistrate Judge referral.

The first time there is a discovery dispute that counsel cannot resolve on their own, file a letter to Chambers via ECF and ask for an order of reference to the Magistrate Judge for discovery supervision. Thereafter, go directly to the Magistrate Judge for resolution of discovery disputes; do not contact Judge McMahon.

Letter via ECF

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Page 2
|SecDiscovery disputes