--- title: "Jeremiah J. Mccarthy | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/jeremiah-j-mccarthy-new-york-us-magistrate" page_type: "judge_profile" updated: "2026-10-08" --- # Jeremiah J. Mccarthy U.S. District Court for the Western District of New York · U.S. Magistrate Judge ## Profile - Court: U.S. District Court for the Western District of New York - State: New York - Role: U.S. Magistrate Judge - Service status: active - Last verified: 2026-07-29 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Federal magistrate judge for the United States District Court for the Western District of New York, serving since February 26, 2007, and reappointed in 2015 and 2023 to an eight‐year term ending February 25, 2031 ### Education - Cornell Law School — J.D. (1978) - University of Notre Dame — magna cum laude — B.A. (1974) ### Additional information - Magistrate, District Court, W.D. New York, 2007-present - Practitioner, Phillips Lytle, LLP, 1991-01–2007-02 - Practitioner, Moot, Sprague, Marcy, Landy, Fernbach & Smythe, 1978–1990 - J.D. — Cornell Univ. — 1978 - A.B — Univ. of Notre Dame du Lac — 1974 - Date of birth: 1953 - He is a past president of the Erie County Bar Association - Birth place: Buffalo, NY ## 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 ### 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.uscourts.gov/sites/default/files/document/cjra_na_0331.2026.pdf#page=17) - [Official roster](https://www.uscourts.gov/sites/default/files/document/cjra_na_0331.2026.pdf#page=17) - [U.S. Courts judicial profile or roster](https://www.uscourts.gov/sites/default/files/document/cjra_na_0331.2026.pdf#page=17) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/9455/jeremiah-j-mccarthy/) - [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/9455/jeremiah-j-mccarthy/) - [BR/MAG Judge Database: Jeremiah J. McCarthy](https://legaldatalab.law.virginia.edu/brmag-judges/brmag-judges.json) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/9455/jeremiah-j-mccarthy/) - [BR/MAG Judge Database: Jeremiah J. McCarthy](https://legaldatalab.law.virginia.edu/brmag-judges/brmag-judges.json) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/jeremiah-j-mccarthy-new-york-us-magistrate", "url": "https://knowjudges.com/kyj/judge/jeremiah-j-mccarthy-new-york-us-magistrate", "name": "Jeremiah J. Mccarthy | KnowJudges", "description": "Jeremiah J. Mccarthy, U.S. District Court for the Western District of New York. 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Mccarthy", "item": "https://knowjudges.com/kyj/judge/jeremiah-j-mccarthy-new-york-us-magistrate" } ] } ] } ``` ## Published courtroom rules ### Judge and named-part rules #### Adjournments Judge McCarthy accepts letter motions seeking adjournments or extensions of time where the parties unanimously consent to that relief. All other types of motions shall comply with L.R. Civ. P. 7. For letter motions seeking to modify Case Management Order deadlines, the parties remain obligated to demonstrate "good cause," as required by Fed. R. Civ. P. 16(b)(4). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 #### Communications with chambers Unless previously provided with a date by the court, motions shall not contain return dates. Courtesy copies of all motion papers shall be provided to chambers and include the headers generated upon filing with CM/ECF. Oral argument will be scheduled by the court if deemed necessary or requested by one of the parties. If a motion is not decided within 60 days of the time it is fully submitted, the parties are encouraged to bring this to the Court’s attention. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 #### Adjournments All such requests shall indicate whether the motion is on consent, set forth good cause for the request, and indicate the number of prior adjournments/extensions. If seeking to extend a criminal appearance or deadline, such request shall also address the exclusion of time from the Speedy Trial Act calendar. Parties shall also provide proposed deadlines or dates/times that are mutually agreeable to all parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 #### Communications with chambers If discovery disputes arise, the parties shall briefly outline the dispute by letter (not to exceed four single-spaced pages) e-mailed to chambers and opposing counsel (or mailed/e-mailed to unrepresented parties). Upon review of the letter, I will either schedule a conference with the parties to attempt to resolve the issue informally, or, if the issues in dispute are beyond what can productively be addressed in an informal discovery conference, I will set a deadline for an appropriate motion. If a discovery conference is scheduled and the dispute is not resolved informally, the parties will be given the opportunity to file a formal motion. Since the informal discovery dispute resolution process is not expedited motion practice, parties do not waive arguments by failing to raise them in their informal submissions. However, utilizing this informal discovery process does not act to automatically toll proceedings, including Case Management Order deadlines, discovery deadlines, or scheduled depositions or inspections. For any disputes that require prompt attention, the parties should proceed by motion. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 #### Communications with chambers Judge McCarthy accepts letter submissions via mail or e-mail only, not by fax. Any e-mail submissions should be sent to mccarthy@nywd.uscourts.gov. Participation by Telephone See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 #### Communications with chambers IIn civil matters, parties may generally participate via telephone upon advance notice to chambers unless the proceeding involves taking testimony, requires the exchange of documents, or otherwise ordered by the court. Those electing to participate by telephone shall notify my chambers no later than 24 hours in advance of the conference, failing which it will be assumed that they will be attending in person. In criminal matters, the parties may participate via telephone upon advance approval by the court . See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 #### Trial exhibits and witnesses Due to the decline of trials, opportunities to train junior lawyers in courtroom skills have become increasingly rare. Accordingly, where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, the Court is amenable to permitting more than one lawyer to argue for one party. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 #### Courtroom conduct and technology Judge McCarthy prefers (but does not require) the use of Westlaw citations to unreported cases or other electronically accessible legal authorities. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nywd.uscourts.gov/content/hon-jeremiah-j-mccarthy) · Source page web_or_saved_capture · Collected 2026-10-27 ### Shared court rules - [Western District of New York — Local Rules of Civil Procedure](https://knowjudges.com/courtroom-rules/ny-shared-set-5c1f572e43f14286bea8) — WDNY federal district-court civil proceedings only; not criminal proceedings or Bankruptcy Court. [Official source](https://www.nywd.uscourts.gov/sites/nywd/files/2025%20Local%20Rules%20of%20Civil%20Procedure%20FINAL%20-%20v3-1.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.