Judge Judith C. McCarthy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Email • Immediately Upon Filing
- Upon Filing
Adjournments
- Adjournment of court appearances requires 48-hour advance notice, except emergencies.
- Adjournment requests must be made 48 hours in advance, except in emergencies.
Communication
Phone
Clerk
Phone
Chambers
Page & Word Limits14 rules
Letters may not exceed 5 pages, exclusive of exhibits, unless prior permission is received from the Court.
- Letter
- Up to 5 pages
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
Attorney and computer-prepared briefs limited to 8,750 words (support/opposition) and 3,500 words (reply), with certificate required.
- Brief
- Up to 8,750 words
- Reply
- Up to 3,500 words
- Format
- Up to 350 lines per page
- Opposition
Court's wording
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.
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.
Handwritten/typewriter briefs limited to 25 pages (support/opposition) and 10 pages (reply).
- Self-represented parties
- Brief (handwritten) for self-represented parties
- Up to 25 pages
- Brief (typewritten) for self-represented parties
- Up to 25 pages
- Reply (handwritten) for self-represented parties
- Up to 10 pages
- Reply (typewritten) for self-represented parties
- Up to 10 pages
Court's wording
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.
Word/page limits exclude caption, index, TOC, TOA, signature blocks, certificates; include footnotes/endnotes.
Excluded from the limit
- •Caption
- •Index
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Court's wording
Note that these limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes.
Requests for admission must be served on or before , and in any event no later than 30 days before the fact discovery deadline.
All fact discovery must be completed by .
Last date to amend any pleading pursuant to Fed. R. Civ. P. 15(a) is . Amendment of pleadings after this date will be permitted only on a showing of “good cause” under Fed. R. Civ. P. 16(b)(4).
Depositions shall be completed by and limited to no more than depositions per party.
Supplementations under Rule 26(e) must be made within a reasonable period of time after discovery of such information, and in any event, no later than the fact discovery deadline.
Expert discovery shall be completed by .
Initial requests for production were/will be exchanged on and responses shall be due on . All subsequent requests for production must be served no later than 30 days before the fact discovery deadline.
Initial sets of interrogatories shall be served on or before . All subsequent interrogatories must be served no later than 30 days before the fact discovery deadline.
Letters on discovery disputes are limited in length by the discovery order issued in the case.
Document Format Requirements4 rules
Motion papers must use 12-point font (10-point footnotes), 1-inch margins, double-spacing (except headings/footnotes/quotes).
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Court's wording
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.
Additional electronic device policies may be adopted by the court.
Court's wording
The court may adopt additional policies governing the possession or use of electronic equipment within the courthouse. Be sure to check the Court website or with the relevant courthouse to identify any additional policies.
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 in vibrate mode or otherwise silenced).
Attorneys may use their devices in the hallway outside the courtroom (although not in the vestibule to the courtroom), but are asked to be discreet and to keep their voices down.
Formatting
- •Electronic devices may be used in hallways outside courtroom
- •Attorneys must be discreet and keep voices down when using devices
Document Filing Requirements15 rules
Responsive letters must identify by docket entry number which letter is being responded to.
conference, each party must provide each other party, and the Court, with a tabbed binder or binders containing copies of its trial exhibits and deposition designations.
Memoranda of 3,500 words or more shall contain a table of contents.
- Document
- Brief
Must include
- •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.
- Document
- Brief
Must include
- •Word count
Joint Pretrial Orders shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following: i. The full caption of the action; ii. The names (including firm names), addresses, email addresses, and telephone numbers (including cellular, if available) for each member of the trial team, and identification of each party's lead trial counsel; iii. A brief statement by plaintiff as to the bases of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount; iv. A brief summary by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. If there is to be a jury trial, a statement as to whether the parties consent to less than a unanimous verdict pursuant to Rule 48 of the Federal Rules of Civil Procedure is required; v. A statement of damages claimed, itemizing each component or element of the damages sought with respect to each claim, including the manner and method used to calculate the claimed damages; vi. A joint statement summarizing the nature of the case, to be read to potential jurors during jury selection;
- Document
- Joint pretrial order
Must include
- •Caption
- •Jurisdiction statements
Counsel must review Model Confidentiality Stipulation and Remote Deposition Protocol on Judge Cave's Individual Practices Page.
Court's wording
Counsel are directed to the Model Confidentiality Stipulation and Proposed Protective Order and Stipulation and [Proposed] Order Concerning the Protocol for Conducting Remote Depositions on Judge Cave’s Individual Practices Page.
Counsel must be familiar with Rules 34 and 26(g) regarding document requests.
Court's wording
Document Requests. Counsel shall be fully familiar with their obligations under Rules 34 and 26(g) and consider and discuss ways to ensure compliance and minimize disputes regarding overbreadth and specificity of requests and responses.
Counsel are expected to have reviewed Federal Rules of Civil Procedure 1, 26(b)(1), and 26(f)(3) and considered their obligations thereunder in discussing and preparing a discovery plan.
Counsel must be aware of Rule 26(f)(3)(D) amendment effective December 1, 2025.
Court's wording
As of December 1, 2025, counsel are deemed to be aware of the amendment to Rule 26(f)(3)(D) regarding the timing and method for assertion of claims of privilege or of protection as trial-preparation materials.
Additional consideration of proportionality. Counsel shall discuss and consider whether phased or iterative discovery will increase efficiency, reduce costs and lead to a faster resolution of the case when preparing a discovery plan.
Counsel represent by their signature below that they have read and will comply with the above.
No later than one week after the close of fact discovery, that is, by ____, the parties must file a joint letter on the docket certifying that fact is discovery is complete.
Joint certification letter required one week after expert discovery completion
Court's wording
No later than one week after the close of expert discovery, that is, by____, the parties must file a joint letter on the docket certifying that all discovery is complete. This letter should also state which dispositive motions, if any, each party intends to file.
Motion required to file sealed documents on paper if unable to use ECF.
Court's wording
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Competence. Counsel shall be sufficiently knowledgeable in matters relating to their discovery, or have involved someone competent to address these issues on their behalf.
Filing & Service rules
Courtesy Copy Requirements
Parties must email courtesy copies of pretrial filings to Judge McCarthy's chambers in Word format.
Unless otherwise ordered by the Court, each party shall provide courtesy copies of the items identified in i-vii immediately above to Judge McCarthy's chambers by e-mailing it, in Word format, to McCarthy_NYSDChambers@nysd.uscourts.gov.
Page 10 | Filings Prior to Trial in Civil Cases
Courtesy copies of all motions must be submitted to chambers when served.
Courtesy copies of all motion papers, marked as such, shall be submitted to chambers at the time the papers are served.
Unredacted courtesy copies must be sent to chambers when filing sealed documents.
Unredacted courtesy copies of all documents to be filed under seal shall be sent to chambers at the time the motion is filed.
Courtesy copies must be securely bound and tabbed.
They must be securely bound and tabbed.
ECF filers must include proof of electronic filing with courtesy copies.
For those parties permitted to file documents on ECF, all courtesy copies must bear proof of electronic filing.
Sealing & Redaction Procedures
For redaction approval motions, file redacted version publicly and unredacted version under seal with highlights.
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
Filing Bundling Requirements
Motion papers must be filed promptly after service.
Motion papers shall be filed promptly after service.
Pre-Motion Conference Requirements
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 required for most motions except specified exceptions.
A pre-motion conference with the Court is required before making any other motions, except motions for admission pro hac vice, motions for re-argument or reconsideration, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule.
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.
Oral argument may be requested by letter when filing motion papers.
Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.
Discovery motions require informal conference with Court before filing.
For discovery motions, follow Local Civil Rule 37.2 requiring the moving party to request an informal conference with the Court before the filing of any such motion.
Adjournment & Extension Requirements
Conferences are canceled during courthouse closures and rescheduled after reopening.
In the event of a closure, all conferences will be canceled and a new conference date will be scheduled shortly after the Courthouse reopens.
Page 11 | Pretrial Procedures
Adjournment of court appearances requires 48-hour advance notice, except emergencies.
If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance.
Urgent adjournment requests within 48 hours require phone call to chambers.
Parties seeking adjournments or extensions of time within 48 hours of a scheduled Court conference or expiring deadline, or for any other urgent request, shall contact chambers by telephone to alert the Court of the filing.
Adjournment requests must be made 48 hours in advance, except in emergencies.
All requests for adjournments must be made 48 hours before the scheduled conference or expiring deadline, absent an emergency.
Chambers Communication Rules
Correspondence between counsel should not be sent to the Court.
Copies of correspondence between counsel shall not be sent to the Court.
Page 1 | Communications With Chambers
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.
Page 11 | Pretrial Procedures
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.
Page 3 | Sidebar conferences
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.
Page 11 | Pretrial Procedures