judge console · S.D.N.Y.
S.D.N.Y. · Judge Mccarthy · Practice Guide

Hon. Judith C. McCarthy

All local rules for S.D.N.Y., integrated with this judge's published requirements.

Before You File
Ex parte applications
🏛 S.D.N.Y. local rule

Affidavit with good and specific reasons required; state if prior application made. Local Civil Rule 6.1(d) ↗

Drafting the Motion
Length limits — motion, opposition, reply
🏛 S.D.N.Y. local rule
Motion

Memoranda of law in support of or in opposition to a motion limited to 25 pages; reply memoranda limited to 10 pages S.D.N.Y. L.R. 7.1(b) ↗

Opposition

8,750 words maximum for opposition brief. Local Civil Rule 7.1(c) ↗

Reply

3,500 words maximum for reply brief. Local Civil Rule 7.1(c) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 S.D.N.Y. local rule
Notice period

Opposition due 14 days after service; reply due 7 days after opposition. Local Civil Rule 6.1(b) ↗

Hearing days

Silent on fixed motion hearing days. The joint local rules establish no motion-day calendar. LCR 7.1 governs motion practice (content, formatting, and briefing deadlines) but sets no court hearing dates; any hearing is scheduled at each judge's discretion per their individual practices. Local Civil Rule 7.1 ↗

Proposed orders
🏛 S.D.N.Y. local rule

Proposed orders, judgments, and decrees must be presented as directed by the ECF rules published on the website of each respective court. Local Civil Rule 77.1 ↗

Filing under seal
👤 Judge Mccarthy — standing order

E. Filing of Motion Papers. Motion papers shall be filed promptly after service. F. Oral Argument on Motions. 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.

The Hearing
Oral argument
🏛 S.D.N.Y. local rule

Motions are decided on submission unless the court schedules oral argument; contact chambers to request oral argument S.D.N.Y. L.R. 7.1(b) ↗

Discovery
Discovery referral procedure
🏛 S.D.N.Y. local rule

Must first request informal conference by letter before filing discovery motion. Local Civil Rule 37.2 ↗

Discovery dispute procedure
👤 Judge Mccarthy — standing order

discovery disputes are limited in length by the discovery order issued in the case. Responsive letters must identify by docket entry number which letter is being responded to. Copies of correspondence between counsel shall not be sent to the Court. Courtesy copies, as set forth in Paragraph 2(B), infra, must be provided for all letters in excess of 10 pages, inclusive of exhibits. In the event a letter filed on ECF requires immediate attention, counsel shall contact chambers by telephone to alert the Court of the filing.

Know Before You Go
👤 Judge Mccarthy — deviations that burn people
  • Pre-motion letter or conference required before filing most motions. Filing without the required pre-motion step will likely result in the motion being returned.
  • All letters must be filed on ECF. Do not send letters directly to chambers by email unless specifically authorized.
  • Must first seek opposing party consent before requesting adjournments or extensions. Filing without attempting consent is non-compliant.
  • Lead Trial Counsel must be personally involved in all discovery dispute proceedings before the Court. Delegating to junior associates violates individual practices.
  • Adjournment requests denied if made after expiration of original deadline. File at least 48 hours in advance.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment