Colleen McMahon at a glance
- Current role
- Senior Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Colleen McMahon
Senior Judge · U.S. District Court for the Southern District of New York
Official judge-specific and circuitwide procedural guidance has been located for this profile.
Service record and verification
Judicial service and assignments
- U.S. District Court for the Southern District of New York · Judge · Senior · October 22, 1998–present · Assignment source ↗
Appointment and verification
- Appointment method
- Presidential appointment with Senate confirmation
- Appointing authority
- William J. Clinton
- Source authority
- Federal Judicial Center Biographical Directory
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Biography
Professional career
- Judge, District Court, S.D. New York, 1998-present
- Senior U.S. District Judge for the Southern District of New York, appointed in 1998 and elevated to senior status in 2021, with a career that includes serving as Chief Judge of the court from 2016 to 2021
- U.S. District Court for the Southern District of New York Nominated by President Bill Clinton on May 21, 1998 to replace John F. Keenan Confirmed by the Senate on October 21, 1998; commissioned October 22, 1998 held the role of Chief Judge from June 1, 2016, to April 10, 2021 Assumed senior status on April 10, 2021
- Judge, New York State Court of Claims, and acting justice, Supreme Court of the State of New York, 1995-1998
- As of now, McMahon is a Senior Judge on the U.S. District Court for the Southern District of New York, continuing to hear cases in her senior capacity
Education
- Harvard Law School — J.D. (1976)
- Ohio State University — B.A. (1973)
Additional information
- Private practice, New York, 1980-1995
- Before joining the federal judiciary, she practiced law in New York City (1976–1979, 1980–1995) and held the role of a speechwriter and special assistant to U.S. Ambassador Donald McHenry (1979–1980)
- Speechwriter and special assistant, Hon. Donald McHenry, U.S. ambassador to the United Nations, 1979-1980
- Private practice, New York, 1976-1979
- Date of birth: 1951-01-01
- Birth place: Columbus, OH
Colleen McMahon Procedures & Courtroom Rules
Courtroom Technology
Judge Specific
Judge McMahon's courtroom provides basic presentation equipment; other technology must be supplied and operated by the party, with electronic devices requiring a specific court order for courthouse entry.
The courtroom is equipped with outlets, microphones, an easel, and a screen. If you require any other technology, you must provide it yourself. You must also be able to operate it yourself. The court does not permit cellular telephones, tablets, laptops, or other electronic devices into the courthouse without a court order specifically identifying the permitted device.Judge McMahon's Individual Rules ↗
Remote appearances
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.
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 ↗
Recording and broadcasting
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.
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 ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (116 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Adjournments
D. Requests for Adjournments or Extensions of Time ............................................................ 5
Source page 1Communications with chambers
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 hard copies of all pleadings and all papers filed in connection with a motion are required. See Part V.A. Do not send courtesy copies of any other documents to Chambers unless the Court directs otherwise.
Source page 4Communications with chambers
Do not send emails to any email address in chambers. Any email sent to a chambers email address will be ignored.
Source page 4Communications with chambers
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.
Source page 4Communications with 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).
Source page 4Communications with chambers
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.
Source page 4Communications with chambers
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. See Part II, infra, for more information.
Source page 4Adjournments
Any requests for an adjournment of a court appearance must be made at least 48 hours prior to the scheduled appearance. Any request for an extension of time must be filed at least two days prior to the original deadline sought to be extended. Applications made late will not be entertained except in case of a true emergency.
Source page 5Adjournments
Any request for an adjournments or an extension of time must be by ECF letter motion, and
Source page 5Adjournments
• The number of previous requests for adjournment or extension;
Source page 5Adjournments
• Whether the requested adjournment or extension affects any other scheduled dates. If so, a proposed Revised Scheduling Order must be attached.
Source page 5Filing and working copies
All hard-copy filings by pro se litigants must be submitted to the Pro Se Intake Unit (not to
Source page 5Communications with chambers
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.
Source page 6Communications with chambers
When a civil case is assigned to Judge McMahon, Chambers will automatically schedule an initial pretrial conference pursuant to Federal Rule of Civil Procedure 16. These conferences will be held by phone unless the parties specifically request one in person. Counsel will be notified of the time of the conference and the dial-in number via ECF; all counsel and pro se parties must assure that they are registered to receive notifications via that system.
Source page 6Conferences and appearances
In certain types of cases (e.g., civil RICO actions), the order scheduling the initial conference will include additional scheduling rules that must be observed by the parties. For additional information, see Part IV., infra.
Source page 6Communications with chambers
The primary purpose of the initial pretrial conference is to enter a case management plan. If the parties can agree to a case management plan in the form found online at http://nysd.uscourts.gov/judge/Mcmahon, they should submit it to Chambers by filing it via ECF no later than two days prior to the scheduled initial conference.
Source page 6Conferences and appearances
If the Court approves the plan, the initial conference will be canceled. Where these conditions are met, the Court normally will not send a notice canceling the conference. The Court’s signature on the case management plan is your notice that the conference has been cancelled.
Source page 6Adjournments
However, if there is a pending motion that has been fully briefed, the conference will not be automatically cancelled, even if counsel submit a stipulated case management plan. If a motion has been filed but is not fully briefed, the Court may choose to hold the conference to discuss the motion, or to adjourn the conference until the motion is fully briefed. Counsel should be prepared to discuss pending motions at the Initial Conference, whether they are fully briefed or not. A decision on a fully-briefed motion may be announced at the conference, or a case management plan may be entered pending resolution of the motion.
Source page 6Conferences and appearances
If the parties fail to agree upon a case management plan or fail to submit the plan to the Court, the parties must appear for a pretrial conference on the scheduled date.
Source page 7Conferences and appearances
Parties must appear at the conference prepared to discuss their case with the Court.
Source page 7Adjournments
An extension of time to file a pleading granted pursuant to Part I.D, supra, does not adjourn or postpone any scheduled conference unless specifically stated by the Court.
Source page 7Communications with chambers
Requests to appear at a conference by telephone must be made by ECF at least two days before the scheduled conference date, in accordance with Judge McMahon’s rules for telephonic appearances, available at http://nysd.uscourts.gov/judge/Mcmahon. Such requests will be considered on a case-by-case basis.
Source page 7Motion practice
In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference or any dispositive motion, submit to the Court a letter no longer than two pages explaining the basis for that party’s belief that diversity citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, union, trust, business trust, or other unincorporated organization, the letter shall state the citizenship of each of the entity’s members, shareholders, partners, and/or trustees.
Source page 7Filing and working copies
Counsel for the party or parties that removed the case, in addition to providing a copy of all process, pleadings, and papers served upon the defendants pursuant to 28 U.S.C. § 1446(a), shall provide the Court with a courtesy copy of any pleading filed or served while the case remained in State court.
Source page 7Filing and working copies
After an action has been accepted as related to a prior filing, all future court submissions must contain the docket number of the new filing as well as the docket number of the case to which it is related (e.g. 19 Civ. 1234 [rel. 18 Civ. 5678]); if two or more actions have been consolidated for all purposes under a single docket number pursuant to Federal Rule of Civil Procedure 42(a)(2), all future court submissions should be filed only in the docket under which the cases have been consolidated and should reference only that docket number.
Source page 7Conferences and appearances
Counsel in RICO cases must attend the Rule 16 pretrial conference. Counsel should not fill out Judge McMahon’s standard case management order, but should instead come to the initial conference prepared to discuss the case.
Source page 8Motion practice
In all matters in which the complaint contains a RICO claim, the plaintiff(s) must file a RICO Case Statement, in accordance with the Court’s RICO Case Standing Order, which is available on the Court’s website (http://nysd.uscourts.gov/judge/Mcmahon), within 30 days of filing the complaint. No discovery may proceed in any case in which a RICO claim is asserted until the defendant(s) on the RICO claim(s) have either filed an answer or a motion to dismiss. If the defendant(s) move to dismiss, all discovery is stayed until resolution of the motion.
Source page 8Conferences and appearances
Counsel must attend the Rule 16 pretrial conference in patent cases. Counsel should not fill out Judge McMahon’s standard case management order, but should instead come to the initial conference having already conferred about scheduling. Counsel should be prepared to discuss all preliminary issues including, if the patent holder is not the inventor, the nature of plaintiff’s ownership and the chain of title.
Source page 8Motion practice
Counsel in FLSA cases must attend the Rule 16 pretrial conference. Counsel in FLSA cases should not fill out Judge McMahon’s standard case management form. They should instead come to the conference prepared to discuss both the merits and conditional certification. Most of the time, the filing of an FLSA complaint will be deemed a motion for conditional certification of the class denominated in the pleading.
Source page 8Motion practice
Initial Discovery Protocols. Initial Discovery Protocols supersede the parties’ obligation to make initial disclosures under FRCP 26(a)(1) for FLSA Claims. This discovery must be provided by both sides within 30 days after the defendant responds to the complaint or files a motion to dismiss, regardless of the pendency of any dispositive motion. This discovery is intended to encourage the
Source page 8Discovery
parties and their counsel to exchange information and documents early in the case, help frame the issues to be resolved, and plan for more efficient and targeted discovery. If any party believes that there is good cause why a case should be exempted, in whole or in part, from the Protocols, that party may raise its concerns with the Court.
Source page 9Conferences and appearances
Counsel should become familiar with these protocols, included as annex B to these rules, before the Initial Conference.
Source page 9Conferences and appearances
In all matters involving personal injury and medical malpractice, plaintiff’s counsel must provide medical authorizations to defendant’s counsel as soon as counsel identifies him/herself. Plaintiff=s counsel should obtain authorizations from their clients before they file the complaint. Do not wait for the initial pretrial conference to be held or for the court to direct the exchange of authorizations.
Source page 9Motion practice
In cases involving (1) a denial of benefits under an employee or union benefits plan governed by ERISA, or (2) failure to make a contribution to a Health and Welfare or similar benefit fund, counsel should not fill out Judge McMahon’s standard case management form. Instead, they should either (1) send the Court a stipulated schedule for making a motion for summary judgment, which Judge McMahon will “so order,” or (2) attend the scheduled Rule 16 pretrial conference, at which time the Court will impose such a schedule.
Source page 9Motion practice
Counsel in IDEA cases should not fill out Judge McMahon’s standard case management form. Instead, they should stipulate to a schedule for briefing summary judgment motions.
Source page 9Communications with chambers
In an Admiralty Rule B Attachment case, counsel should not fill out Judge McMahon’s standard case management form. Instead, they should inform Chambers by letter that the case is a Rule B case, at which point the initial Rule 16 conference will be cancelled.
Source page 9Conferences and appearances
Counsel in these cases should not fill out Judge McMahon’s standard case management form. Instead, they should attend the Rule 16 pretrial conference to obtain a briefing schedule.
Source page 9Motion practice
as lead plaintiff must file a motion seeking appointment to that status, together with appointment as lead counsel. Opposition to each such motion must be filed separately and must be received by the court no later than fourteen (14) business days following the date on which such motions are due. NO EXTENSIONS WILL BE GRANTED. The court will rule expeditiously on any lead plaintiff/lead counsel motions. In that decision the court will set a schedule for the filing or a consolidated amended complaint and the making of motions to dismiss. The parties should not bother negotiating a schedule for these matters; the court will set the schedule.
Source page 10Communications with chambers
For every motion filed on ECF, each filing party MUST promptly deliver to Chambers one courtesy hard copy of all papers filed by that party in connection with the motion. Courtesy copies must be received by Chambers no later than noon on the first business day after the papers are filed on ECF.
Source page 10Communications with chambers
Each courtesy copy must be clearly marked “Courtesy Copy” and must identify the case name, docket number, and ECF docket number or numbers corresponding to the submitted papers. All exhibits must be tabbed and indexed. Exhibits and appendices should be bound separately from the memorandum of law.
Source page 10Communications with chambers
One courtesy hard copy of every pleading must likewise be delivered to Chambers no later than noon on the first business day after filing.
Source page 10Communications with chambers
Audio and video files may not be submitted directly to Chambers merely because they cannot be filed electronically. A party that wishes the Court to consider an audio or video file, or any other material that cannot be filed through ECF, must first seek and obtain leave to file the material in the traditional manner in accordance with the Southern District of New York’s Electronic Case Filing Rules and Instructions. Any application for leave must identify the material, explain why it is relevant to the relief requested, and specify the portions on which the party relies.
Source page 10Filing and working copies
If leave is granted, the party shall deliver the material in the form directed by the Court. Do not send documents, recordings, or other materials on a CD-ROM, thumb drive, or by electronic transmission unless the Court has specifically authorized that method of submission.
Source page 10Motion practice
Failure to submit required courtesy copies may delay consideration of the motion or result in the filing being disregarded until the required copies are received.
Source page 10Filing and working copies
Should either party file Objections to an order of the Magistrate Judge pursuant to Fed. R. Civ. P. 72, that party should also file a letter addressed to Judge McMahon to notify her that Rule 72 Objections were filed. Please include the docket number of the filing in the letter.
Source page 11Motion practice
Motion papers must be filed promptly after service. Do not hold motion papers until all submissions are complete.
Source page 11Trial exhibits and witnesses
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.
Source page 11Motion practice
Do not docket anything except the actual Notice of Motion as a “Motion.” In all ECF cases, supporting documents should be docketed as what they are (i.e., “Brief,” “Memorandum,” “Affidavit”) – not as a “Motion.”
Source page 11Motion practice
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. The page length for motions for reconsideration is subject to the terms of Local Rule 6.3. All memoranda shall be page numbered, and shall contain both a table of contents and a table of cases.
Source page 11Filing and working copies
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.
Source page 11Motion practice
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.
Source page 12Conferences and appearances
• Wait at least 30 days after service is effected to allow for the receipt of an appearance by mail; then
Source page 12Motion practice
On motions for summary judgment, parties may submit only those portions of deposition testimony on which they actually rely and to which they cite in their motion papers. This rule applies to deposition testimony in every format, including written transcripts and audio or video recordings.
Source page 13Motion practice
Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order).
Source page 13Communications with chambers
A deposition recording or other discovery material that is merely delivered to Chambers, but is not properly filed with the Clerk of Court, will not be considered in deciding the motion and is not part of the record.
Source page 13Motion practice
Unless the Court orders otherwise, motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, must be made by the deadline for dispositive motions and should not be treated as motions in limine.
Source page 13Discovery
The United States Supreme Court has indicated that the issue of qualified immunity should be decided, if possible, prior to subjecting a defendant to discovery. Saucier v. Katz, 533 U.S. 194, 200-01 (2001). Although the Saucier procedure is no longer mandatory, it is, in the view of this Court, prudent and will be followed in all cases.
Source page 13Motion practice
Prior to the taking of discovery, the only appropriate basis for a qualified immunity motion is (1) to admit, for purposes of the motion, that the plaintiff’s non-conclusory allegations of fact are true, and (2) to argue that no reasonable officer who did what the plaintiff alleges would have understood that s/he was committing a constitutional tort, because the law on the point has never been settled by the United States Supreme Court. Qualified immunity shields a municipal officer from liability, not because s/he did nothing wrong, but because s/he could not possibly have known that what s/he was doing was wrong, due to the unsettled state of the law relating to those facts. The Court “look[s] to Supreme Court and Second Circuit precedent existing at the time of the alleged
Source page 13Motion practice
A motion alleging that the plaintiff’s non-conclusory allegations of fact, presumed true, do not rise to the level of a constitutional violation is not a qualified immunity motion. It is, rather, a motion to dismiss because the plaintiff’s allegations are insufficient as a matter of settled law.
Source page 14Motion practice
Defendants who believe they have a basis for moving to dismiss on the ground of qualified immunity prior to any discovery should file a bare notice of motion under qualified immunity at the earliest opportunity. Normally, qualified immunity may be one of several grounds asserted in a pre- answer notice of motion to dismiss. If qualified immunity is raised in a pre-answer motion to dismiss, defendants should simply file a notice of motion listing all grounds on which the motion is being made. Do not file a brief in support of that motion (on any ground) until after completion of the deposition described in the next paragraph.
Source page 14Motion practice
In order to avoid wasting time with pre-answer qualified immunity motions that are likely to prove meritless, this Court requires the defendant(s) to depose the plaintiff before briefing a pre- discovery motion for qualified immunity. That way the plaintiff’s side of the story, including all of the plaintiff’s allegations about what the defendants did, will be fixed and known. The deposition must be taken within 30 days after filing the notice of motion that raises the issue of qualified immunity. Absent extraordinary circumstances (decided upon application to the Court), this will be the only deposition of the plaintiff during the lawsuit. Plaintiff’s counsel, prepare your client accordingly. Defense counsel, ask all your questions.
Source page 14Motion practice
After the plaintiff’s deposition, the defendant(s) has/have thirty days to file a brief in support of the motion to dismiss (order your deposition transcript accordingly, please). If the defendant(s) decide(s) to proceed with the issue of qualified immunity at this stage, brief it. If the defendant(s) decide(s) not to proceed with the qualified immunity issue at the pre-answer/pre-discovery stage, simply notify the Court of that decision and do not address that issue in the brief. Withdrawal of a bare qualified immunity motion prior to answer and discovery is without prejudice to revisiting the issue of qualified immunity after discovery has been completed.
Source page 14Motion practice
The plaintiff will have 30 days from the filing of the brief in support of the motion to file its response. Do not submit affidavits from any of the defendants or third parties; they will be stricken and not considered. Do not submit evidence supporting a view of the facts that is not identical to the plaintiff’s view of the facts; the defendant(s) cannot obtain pre-answer dismissal on the ground of qualified immunity if they are asserting that the plaintiff’s version of the facts is not true. A pre-answer, pre-discovery motion is not the right time for the defendants to tell their side of the story. Evidence from the defendants will not be considered until discovery has concluded.
Source page 14Filing and working copies
Within 14 days of the filing of the plaintiff’s brief, the defendant(s) should file an omnibus reply brief addressing both qualified immunity and other asserted grounds for dismissal.
Source page 15Motion practice
On a pre-answer/pre-discovery motion, the Court will convert the qualified immunity aspect of the motion to one for summary judgment and will consider the plaintiff’s deposition – but no other evidence – in deciding that issue and that issue only.
Source page 15Motion practice
If it is clear to counsel for the defendant(s) that a viable qualified immunity motion will require the presentation of evidence from the defendant(s) or a third party, please do not make a pre- discovery motion. Plead qualified immunity in your answer as an affirmative defense. Take your discovery and let the plaintiff take his/her discovery. Then move for summary judgment on the ground of qualified immunity – or, if relevant facts are in dispute, take the issue to trial.
Source page 15Motion practice
Counsel are reminded that such post-discovery motions should be rare. If qualified immunity cannot be decided at the outset of the case, based solely on the plaintiff’s allegations and on the law, the doctrine loses much of its force; the Supreme Court created qualified immunity to shield municipal officer(s) from the burden of going through discovery in the first place when the legality of their conduct was unsettled to the point that an officer could not have understood that what s/he did was, in fact, unconstitutional.
Source page 15Motion practice
On a post-discovery qualified immunity motion, all relevant evidence may be submitted and will be considered by the Court. Post-discovery qualified immunity motions should be made and responded to on the schedule set for the making of motions for summary judgment.
Source page 15Trial exhibits and witnesses
s/he is entitled to dismissal on the merits. If your client did not participate in an incident of allegedly excessive force and undisputed evidence shows that s/he was not in a position to stop it, s/he is entitled to dismissal on the merits, not to qualified immunity. Invoke qualified immunity only when your client did something that was arguably unconstitutional, and when the United States Supreme Court or the Second Circuit has not yet settled the legality of the conduct in that particular factual context.
Source page 15Motion practice
Motions for reconsideration are to be served in the same manner as other motions. However, Judge McMahon reviews motions for reconsideration when they arrive, and decides whether a response is required or whether a motion can be denied sua sponte. The opposing party need not serve any responsive papers (including letters) unless specifically directed to do so by Judge McMahon.
Source page 15Motion practice
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.”
Source page 16Motion practice
Judge McMahon does not accept letter motions other than those allowed under Local Rule 7.1(d) and “Text Only” motions made pursuant to the Clerk’s “Text Only Orders” program.
Source page 16Motion practice
Pursuant to the “Text Only Orders” program, the following types of requests must be made by motion filed on ECF. Requests made via fax or U.S. Mail will not be accepted. The types of
Source page 16Motion practice
The “Text Only Orders” program and amendment simply clarifies that some motions that previously could be made via U.S. Mail or Fax may no longer be submitted using those methods.
Source page 17Motion practice
Requests for relief not listed here still must be made in writing through ECF and may not be made by letter motion. Instead, requests for relief not listed here should be filed through a motion accompanied by a memorandum of law, together with any other submissions required by the Federal Rules of Civil Procedure or Local Rules (e.g., a Local Rule 56.1 Statement in summary judgment motion practice).
Source page 17Motion practice
To the extent that the “Text Only Orders” procedure conflicts with Judge McMahon’s individual rules, the “Text Only Orders” procedure supersedes the individual rules with respect to “Text Only” motions.
Source page 17Discovery
Parties must exchange the discovery required under Federal Rule of Civil Procedure 26(a) within 30 days after service of the answer on the last plaintiff to be served or by the date specified in a Court-approved case management order.
Source page 18Discovery
PLEASE NOTE: Judge McMahon does not routinely extend discovery deadlines. Do not wait until the end of the discovery period to serve discovery requests or schedule depositions, or you may be precluded from completing discovery. Delaying service of the complaint for 90 days after filing could result in having only one or two months to complete all discovery.
Source page 19Communications with chambers
Counsel are to file a joint pretrial order, with two courtesy copies for Chambers, on or before the date set by the Court via the scheduling order. In the ordinary course, this is 30 days after the end of discovery. The pretrial order shall be prepared in accordance with the outline attached as Annex
Source page 19Motion practice
A. Failure to submit the pretrial order on time may result in dismissal or default judgment, as appropriate. The filing of a motion for summary judgment does not excuse or extend the time for filing the pretrial order unless the Court otherwise directs. Such applications are disfavored and will almost never be granted.
Source page 19Trial exhibits and witnesses
Unless otherwise ordered by the Court, on the date the joint pretrial order is filed, each party
Source page 19Trial exhibits and witnesses
You must submit one courtesy hard copy of these documents. Requests to charge need not include “pretrial charges” – such as instructions regarding internet usage – as the Court uses its own standard charge for such matters.
Source page 19Filing and working copies
You must submit one courtesy hard copy of these documents. Please also see Part VII.F, infra, for additional rules on submissions for bench trials.
Source page 20Motion practice
In limine motions are not to be filed with the pretrial order. They must be filed no later than five days after the parties are noticed for final pretrial conference. Reponses are due five days later. No replies are accepted on in limine motions. Rulings on in limine motions will be made at the final pretrial conference, usually by oral order.
Source page 20Motion practice
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. Please do not file a single omnibus motion seeking multiple rulings.
Source page 20Motion practice
Responses to in limine motions are also to be filed individually and must be no more than five pages.
Source page 20Communications with chambers
After the pretrial order is filed, the Court will notify the parties of the date of a final pretrial conference (“FPTC”). Counsel trying the case must appear at the FPTC, and only lawyers who appear at the conference will be allowed to try the case. Counsel must be prepared to proceed to trial on 24 hours telephone notice after the final pretrial conference. Any party with a scheduling problem should bring it to the Court’s attention by letter.
Source page 20Conferences and appearances
At the FPTC, all evidentiary issues will be decided, including the admissibility of exhibits. Thus, counsel shall provide one pre-marked set of exhibits for the adversary and two for the Court at least five days before the final pretrial conference.
Source page 20Trial exhibits and witnesses
All exhibits must be pre-marked, using the form PX-1 through PX-n and DX-1 through DX-n. If possible, exhibits should be bound or collated in a binder. Each exhibit should be individually tabbed. Exhibits containing multiple documents (e.g., more than one bank statement) are disfavored.
Source page 20Trial exhibits and witnesses
Counsel should be prepared to proffer, and argue for (or against) the admissibility of all evidence, including exhibits and proposed witness testimony, at the FPTC.
Source page 20Trial exhibits and witnesses
In bench trials, counsel must prepare and exchange sworn statements containing the direct testimony of each witness they intend to call, other than hostile witnesses or witnesses outside of their control. These witness statements will be submitted and exchanged ten days before the final
Source page 21Trial exhibits and witnesses
For each witness whose direct testimony will be presented in statement form, prepare a statement setting forth in declaratory form all of the facts to which that witness will testify. The facts should be stated in narrative, rather than question and answer, form. The statement must contain all of the relevant facts to which the witness would testify, including facts necessary to establish the foundation for the testimony. The statement need not be sworn or notarized.
Source page 21Trial exhibits and witnesses
Documents to be offered as exhibits shall not be attached to witness statements but shall be pre-marked and exchanged along with other proposed exhibits in the usual fashion.
Source page 22Trial exhibits and witnesses
At the trial, each witness whose direct testimony previously has been submitted in statement form will take the stand and under oath shall adopt the statement as true and correct. The party offering that witness will then offer the statement as an exhibit, subject to appropriate objections by the opposing party on which the Court will then rule.
Source page 22Trial exhibits and witnesses
The witness then will be allowed to supplement his or her statement by any additional live direct testimony considered necessary by counsel, but may not repeat testimony covered by the written statement.
Source page 22Trial exhibits and witnesses
Statements are required of the parties and other witnesses under their control. They are not to be used for adverse parties or for persons whose attendance must be compelled by subpoena.
Source page 22Trial exhibits and witnesses
Evidentiary hearings in civil matters are conducted according to the Judge’s rules for bench trials, Part VII.F, supra. Thus, no fewer than ten days before an evidentiary hearing, parties should submit (a) sworn witness statements, (b) memoranda of law, and (c) proposed findings of fact and conclusions of law.
Source page 22Trial exhibits and witnesses
In addition, and also no fewer than five days before an evidentiary hearing, counsel shall provide one pre-marked set of exhibits for the adversary and one for the Court. All exhibits must be pre-marked, using the form PX-1 through PX-n and DX-1 through DX-n. If possible, exhibits should be bound or collated in a binder. Each exhibit should be tabbed. Exhibits containing multiple documents (e.g., multiple banks statements) are disfavored.
Source page 22Trial exhibits and witnesses
The copies provided to the Court will be for the Court’s use only. Counsel should bring their own copies for use by witnesses.
Source page 22Trial exhibits and witnesses
The Court’s interpreters are available only for criminal matters. Should any party or witness require an interpreter in a civil matter, counsel for that party or the counsel calling that witness must arrange for an interpreter to be present.
Source page 22Trial exhibits and witnesses
The Court conducts trials Monday through Thursday between 9:30 a.m. to 5:00 p.m. Parties should arrange to have enough witnesses available to fill the day, even if that means taking witnesses out of order. If a party is out of witnesses in the middle of the day, the party must rest. In personal
Source page 22Courtroom conduct and technology
The courtroom is equipped with outlets, microphones, an easel, and a screen. If you require any other technology, you must provide it yourself. You must also be able to operate it yourself.
Source page 23Trial exhibits and witnesses
[State whether a jury is claimed, whether there is any dispute as to whether the action should be tried to a jury, and the estimated length of the trial.]
Source page 24Trial exhibits and witnesses
For bench trials only: proposed conclusions of law shall be submitted, with citation to supporting authority.
Source page 25Trial exhibits and witnesses
[Each side shall list all exhibits it intends to offer on its case in chief. The list shall include a description of each exhibit. All exhibits shall be premarked.]
Source page 25Discovery
[In cases likely to involve substantial numbers of deposition exhibits, the parties are encouraged to agree at the outset of discovery to assign a unique exhibit number or letter to each exhibit marked at any deposition so that exhibit designations used in deposition transcripts may be used without change at trial. Absent use of such a system, plaintiff=s trial exhibits shall be identified as PX-1, and defendant=s as DX-1, D-Jones A, D-Smith C.]
Source page 25Trial exhibits and witnesses
[The parties shall set forth any stipulations with respect to the authenticity and admissibility of exhibits and indicate all objections to exhibits and the grounds therefor.]
Source page 25Trial exhibits and witnesses
The witnesses listed below may be called at trial. No witness not identified herein shall be permitted to testify on either party=s case in chief absent good cause shown.
Source page 25Discovery
[Each party shall list the witnesses it intends to call on its case in chief and, if a witness=s testimony will be offered by deposition, shall designate by page and line numbers the portions of the
Source page 25Discovery
deposition transcript it intends to offer. Each party shall set forth any objections it has to deposition testimony designated by the other and the basis therefore.]
Source page 26Communications with chambers
• Identify (Persons). When referring to natural persons, to “identify” means to give the person’s: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person.
Source page 27Discovery
• This Initial Discovery will be subject to the attached Interim Protective Order unless the parties agree or the court orders otherwise. The Interim Protective Order will remain in place only until the parties agree to or the court orders a different protective order.
Source page 28Discovery
Absent agreement by the parties, the Interim Protective Order will not apply to subsequent discovery.
Source page 28Discovery
• Prior to the production of documents by either Party to the other pursuant to the Initial Discovery Protocols, the Parties will meet and confer regarding the format (e.g. TIFF/text, searchable .pdf, Excel) for such production. This will not delay the timeframes for Initial Discovery absent ruling by the court.
Source page 28Motion practice
Production by the Plaintiff. The Plaintiff’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.
Source page 28Motion practice
Production by the Defendant. The Defendant’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.
Source page 29Published judge / part rules (2 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
Whenever a party files a motion in a case assigned to Judge McMahon, courtesy copies of the moving papers MUST be delivered to Chambers by the business day after the motion is filed. Courtesy copies of papers opposing a motion and reply papers supporting the motion must likewise be delivered to Chambers by the business day after they are filed. That is, if your motion is filed on Monday, courtesy copies must be delivered to Chambers by the close of business on Tuesday.
Source page 1Communications with chambers
If your motion requires urgent attention, you should arrange to have a copy delivered to Chambers the same day it is filed. Judge McMahon uses the courtesy copies—not ECF—to control her motion docket. If you do not send the courtesy copies, disposition of your motion may be delayed.
Source page 1Shared court rules
SDNY and EDNY — Joint Local Civil and Criminal Rules
U.S. District Court for the Southern District of New York
Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules.
Official source ↗ · Collected 2026-10-27Federal Rules of Civil Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
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 ↗ · Collected 2026-10-27Federal Rules of Criminal Procedure, December 1, 2025
U.S. District Court for the Southern District of New York
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 ↗ · Collected 2026-10-27Sources
Identity source checked July 25, 2026.
Biography sources checked August 2, 2026.
Federal Judicial Center biography
Identity source · HTML · Federal Judicial Center Biographical Directory · effective October 22, 1998 · Source checked July 25, 2026
View Federal Judicial Center biography ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Judge McMahon's Individual Rules
Judge Specific source · PDF · U.S. District Court for the Southern District of New York · effective August 30, 2022 · Source checked July 26, 2026
View Judge McMahon's Individual Rules ↗Federal Rule of Civil Procedure 43(a), Testimony in Open Court
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Civil Procedure 43(a), Testimony in Open Court ↗Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited
Courtwide source · HTML · Supreme Court of the United States and Judicial Conference of the United States · Source checked July 26, 2026
View Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited ↗