--- title: "Colleen McMahon | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/colleen-mcmahon" page_type: "judge_profile" updated: "2026-10-09" --- # Colleen McMahon U.S. District Court for the Southern District of New York · Judge ## Profile - Court: U.S. District Court for the Southern District of New York - State: New York - Role: Judge - Service status: senior - Last verified: 2026-07-25 ## Summary Official judge-specific and circuitwide procedural guidance has been located for this profile. ## 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 ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### courtroom technology Scope: 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. Evidence excerpt: 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](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules.pdf) Source checked: 2026-07-26 ### civil remote testimony Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) Source checked: 2026-07-26 ### criminal recording and broadcasting Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) Source checked: 2026-07-26 ## Sources - [Official profile](https://www.fjc.gov/node/1390831) - [Official roster](https://www.fjc.gov/node/1390831) - [Federal Judicial Center biography](https://www.fjc.gov/node/1390831) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/2174/colleen-mcmahon/) - [Judge McMahon's Individual Rules](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules.pdf) - [Federal Rule of Civil Procedure 43(a), Testimony in Open Court](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure) - [Federal Rule of Criminal Procedure 53, Courtroom Photographing and Broadcasting Prohibited](https://www.uscourts.gov/court-records/access-court-proceedings/remote-public-access-proceedings/history-cameras-broadcasting-and-remote-public-access-courts) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/2174/colleen-mcmahon/) - [Wikidata: Colleen McMahon](https://www.wikidata.org/wiki/Q5146279) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/colleen-mcmahon", "url": "https://knowjudges.com/kyj/judge/colleen-mcmahon", "name": "Colleen McMahon | KnowJudges", "description": "Colleen McMahon, U.S. District Court for the Southern District of New York. 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Requests for Adjournments or Extensions of Time ............................................................ 5 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 1 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 4 · Collected 2026-10-27 #### Communications with chambers Do not send emails to any email address in chambers. Any email sent to a chambers email address will be ignored. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 4 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 4 · Collected 2026-10-27 #### Communications 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). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 4 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 4 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 5 · Collected 2026-10-27 #### Adjournments Any request for an adjournments or an extension of time must be by ECF letter motion, and See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 5 · Collected 2026-10-27 #### Adjournments • The number of previous requests for adjournment or extension; See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 5 · Collected 2026-10-27 #### Adjournments • Whether the requested adjournment or extension affects any other scheduled dates. If so, a proposed Revised Scheduling Order must be attached. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 5 · Collected 2026-10-27 #### Filing and working copies All hard-copy filings by pro se litigants must be submitted to the Pro Se Intake Unit (not to See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 5 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 6 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 6 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 6 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 6 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 6 · Collected 2026-10-27 #### Adjournments 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 6 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 7 · Collected 2026-10-27 #### Conferences and appearances Parties must appear at the conference prepared to discuss their case with the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 7 · Collected 2026-10-27 #### Adjournments 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 7 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 7 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 7 · Collected 2026-10-27 #### Filing 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 7 · Collected 2026-10-27 #### Filing 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 7 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 8 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 8 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 8 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 8 · Collected 2026-10-27 #### Motion 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 8 · Collected 2026-10-27 #### Discovery 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances Counsel should become familiar with these protocols, included as annex B to these rules, before the Initial Conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 9 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 9 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 9 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 9 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 10 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 10 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 10 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 10 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 10 · Collected 2026-10-27 #### Filing 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 10 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 10 · Collected 2026-10-27 #### Filing 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice Motion papers must be filed promptly after service. Do not hold motion papers until all submissions are complete. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 11 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 11 · Collected 2026-10-27 #### Motion 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.” See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 11 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 11 · Collected 2026-10-27 #### Filing 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 11 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 12 · Collected 2026-10-27 #### Conferences and appearances • Wait at least 30 days after service is effected to allow for the receipt of an appearance by mail; then See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 12 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 13 · Collected 2026-10-27 #### Motion practice Summary judgment motions must be made no later than 30 days after the close of discovery (see the Court’s Case Management Order). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 13 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 13 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 13 · Collected 2026-10-27 #### Discovery 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 13 · Collected 2026-10-27 #### Motion 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 13 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 14 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 14 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 14 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 14 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 14 · Collected 2026-10-27 #### Filing 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 15 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 15 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 15 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 15 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 15 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 15 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 15 · Collected 2026-10-27 #### Motion 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.” See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 16 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 16 · Collected 2026-10-27 #### Motion 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 16 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 17 · Collected 2026-10-27 #### Motion 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). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 17 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 17 · Collected 2026-10-27 #### Discovery 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 18 · Collected 2026-10-27 #### Discovery 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 19 · Collected 2026-10-27 #### Communications 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 19 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 19 · Collected 2026-10-27 #### Trial exhibits and witnesses Unless otherwise ordered by the Court, on the date the joint pretrial order is filed, each party See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 19 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 19 · Collected 2026-10-27 #### Filing 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Motion practice Responses to in limine motions are also to be filed individually and must be no more than five pages. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Conferences 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 20 · Collected 2026-10-27 #### Trial 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 21 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 21 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Trial 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 22 · Collected 2026-10-27 #### Courtroom 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 23 · Collected 2026-10-27 #### Trial 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.] See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 24 · Collected 2026-10-27 #### Trial exhibits and witnesses For bench trials only: proposed conclusions of law shall be submitted, with citation to supporting authority. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 25 · Collected 2026-10-27 #### Trial 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.] See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 25 · Collected 2026-10-27 #### Discovery [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.] See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 25 · Collected 2026-10-27 #### Trial 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.] See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 25 · Collected 2026-10-27 #### Trial 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 25 · Collected 2026-10-27 #### Discovery [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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 25 · Collected 2026-10-27 #### Discovery 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.] See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 26 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 27 · Collected 2026-10-27 #### Discovery • 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 28 · Collected 2026-10-27 #### Discovery Absent agreement by the parties, the Interim Protective Order will not apply to subsequent discovery. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 28 · Collected 2026-10-27 #### Discovery • 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 28 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 28 · Collected 2026-10-27 #### Motion 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/CM%20McMahon%20Individual%20Rules%20Rev%202026.pdf) · Source page 29 · 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/cmStandingOrderOnCourtesyCopies.pdf) · Source page 1 · Collected 2026-10-27 #### Communications 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nysd.uscourts.gov/sites/default/files/practice_documents/cmStandingOrderOnCourtesyCopies.pdf) · Source page 1 · Collected 2026-10-27 ### Shared court rules - [SDNY and EDNY — Joint Local Civil and Criminal Rules](https://knowjudges.com/courtroom-rules/ny-shared-set-201c11a4597834a9a953) — Federal district-court proceedings only. Civil and criminal sections have distinct scope and district-specific exceptions. Not Bankruptcy Court rules. [Official source](https://www.nysd.uscourts.gov/sites/default/files/local_rules/2026-01-02%20-%20EDNY%20and%20SDNY%20Joint%20Local%20Rules%20As%20Amended.pdf). Collected 2026-10-27. - [Federal Rules of Civil Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-651872d6e45e0d82319ecccc) — 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf). Collected 2026-10-27. - [Federal Rules of Criminal Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-8721a344fececced2257fe1d) — 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf). Collected 2026-10-27.