Court Rules
chief magistrate Judge
Verified Current9 days ago

Judge Judith C. McCarthy

Southern District of New York

Limits & Logistics

Document Limits

Letter
5 pgs
Brief
8,750 wds
Brief
25 pgs
Brief
350 wds

Courtesy Copies

Filings (All filings)

Required

Filings (Witness List, Exhibit List, Requests To Charge, Proposed Voir Dire Questions, Proposed Verdict Sheet, Statement Of Elements, Proposed Findings Of Fact Conclusions Of Law, Objections To Witness Exhibit Lists, Motions In Limine, Pretrial Memorandum)

Required

Adjournments

Notice Required
48Hours

Communication

Letter Ecf

Chambers

Phone

Clerk

(914) 390-4220
Emergencies
No Hours
Phone

Chambers

EmergenciesStatus Inquiries
Sidebar

Chambers

Emergencies
Advance Notice Required
No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationMemorandaLettersWord CountsECF FilingConferencesTOC/TOA

Detailed Drafting Rules

Page or Word LimitMandatory

Letters to chambers limited to 5 pages (excluding exhibits) unless permission granted.

Letters may not exceed 5 pages, exclusive of exhibits, unless prior permission is received from the Court.

Page 1
|SecCommunications With Chambers
Communication ProtocolImportant

Correspondence between counsel should not be sent to the Court.

Copies of correspondence between counsel shall not be sent to the Court.

Letter via ECF

Approved Topics
Correspondence Between Counsel
Page 1
|SecCommunications With Chambers
Pre-Motion ProcedureMandatory

Pre-motion letter via ECF (max 3 pages) required to arrange pre-motion conference.

To arrange a pre-motion conference, the moving party shall submit a letter via ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion.

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length3 pgs
Opposition Due3 days
Pre-Motion ProcedureMandatory

Opposing party must respond via ECF (max 3 pages) within 3 business days.

The opposing party shall submit a response via ECF, not to exceed three pages in length, within 3 business days from the date the moving party’s letter was filed.

Pre-Motion Conference

Check specific requirements before filing.

Letter Requirements

Status
Optional
Opposition Due3 days
Format RequirementMandatory

Motion papers must use 12-point font (10-point footnotes), 1-inch margins, double-spacing (except headings/footnotes/quotes).

The typeface, margins, and spacing of all motion papers presented for filing must meet the following requirements: (1) all text must be 12-point type or larger, except for text in footnotes which may be 10-point type; (2) all documents must have at least one-inch margins on all sides; and (3) all text must be double-spaced, except for headings, text in footnotes, or block quotations, which may be single-spaced.

Typography
Font FamilyOther
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Page or Word LimitMandatory

Attorney and computer-prepared briefs limited to 8,750 words (support/opposition) and 3,500 words (reply), with certificate required.

Memoranda filed by a party not represented by an attorney and prepared by a computer, or filed by an attorney: Briefs in support of and in response to a motion (except for a motion for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents. Any such brief must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word‐count limitations. The person preparing the certificate may rely on the word count of the word‐processing program used to prepare the document. The certificate must state the number of words in the document. To the extent the court permits a party to submit briefs longer than these limits, and expresses those limits in pages, each additional page must not contain more than 350 additional words.

Page or Word LimitMandatory

Handwritten/typewriter briefs limited to 25 pages (support/opposition) and 10 pages (reply).

Memoranda filed by a party not represented by an attorney and handwritten or prepared with a typewriter: Briefs in support of and in response to a motion (except for a motion for reconsideration) may not exceed 25 pages, and reply briefs may not exceed 10 pages.

Document RequirementMandatory

Briefs of 3,500+ words require a table of contents.

Memoranda of 3,500 words or more shall contain a table of contents.

Document Type

Brief

Content & Formatting
Table Of Contents
Document RequirementMandatory

Word-count certificate required for all briefs, stating document word count.

Any such brief must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word‐count limitations. The person preparing the certificate may rely on the word count of the word‐processing program used to prepare the document. The certificate must state the number of words in the document.

Document Type

Brief

Content & Formatting
Word Count
Page or Word LimitMandatory

Additional pages beyond word limits must not exceed 350 words per page.

To the extent the court permits a party to submit briefs longer than these limits, and expresses those limits in pages, each additional page must not contain more than 350 additional words.

Communication ProtocolNote

White Plains Courthouse delays/closures announced by 6:00 am via recorded message.

White Plains Courthouse delays or closures are announced by 6:00 am. Call (914) 390-4220 to hear a recorded message.

Phone

Direct to: Clerk

Approved Topics
Emergencies
Prohibited
  • Hours
    6:00 am
Page 11
|SecPretrial Procedures
Communication ProtocolImportant

Counsel should call chambers to confirm court is in session during severe weather.

In the event of severe weather conditions when the Courthouse is open, counsel with scheduled appearances should call chambers to confirm that Judge McCarthy is holding court.

Phone

Direct to: Chambers

Approved Topics
EmergenciesStatus Inquiries
Page 11
|SecPretrial Procedures
Communication ProtocolImportant

Sidebar conferences are presumptively not tolerated except in extraordinary circumstances.

Sidebar conferences will presumptively not be tolerated, except in extraordinary and unforeseen circumstances. These conferences have a distracting effect on the jury, and the parties should strive to postpone raising issues outside the jury’s presence until the next recess, except when an immediate conference appears necessary to avoid unfair prejudice.

Sidebar

Approved Topics
Emergencies
Requirements
  • Advance Notice Required
    extraordinary_and_unforeseen_circumstances
Prohibited
  • Status Inquiries
Page 3
|SecSidebar conferences