Judith C. Mccarthy at a glance
- Current role
- U.S. Magistrate Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Judith C. Mccarthy
U.S. Magistrate Judge · U.S. District Court for the Southern District of New York
Service record and verification
Judicial service and assignments
- U.S. District Court for the Southern District of New York · U.S. Magistrate Judge · Active · Assignment source ↗
Appointment and verification
- Source authority
- Administrative Office of the U.S. Courts
Biography
Professional career
- Assistant Attorney General-in-Charge, State of New York, 2006–2011
- Assistant Attorney General, Westchester Regional office, 2002–2011
Education
- Barnard College — B.A. (1987)
Additional information
- Magistrate, District Court, S.D. New York, 2014-present
- Executive Vice President and General Counsel, New York Power Authority, 2011–2014
- First Deputy General Counsel, New York City, 1996–1998
- Assistant Corporation Counsel, New York City - General Litigation Division, 1991–1998
- J.D. — City Univ. of New York — 1991
Applicable Court Rules & Procedures
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 (31 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Conferences and appearances
It is the uniform practice of the Magistrate Judges in this District to schedule trials in civil consent cases for firm dates, rather than using a trailing trial calendar or requiring counsel to be available for trial on short notice. Additionally, because Magistrate Judges rarely try criminal cases, such firm trial dates are unlikely to be changed to accommodate criminal trials. If counsel wish to have Judge McCarthy hear their case for all purposes, they must complete a Notice,
Source page 1Communications with chambers
A. Letters. Except as otherwise provided in Paragraph 3(B), communications with chambers shall be by letter and filed on ECF, with copies simultaneously delivered to all parties. Letters may not exceed 5 pages, exclusive of exhibits, unless prior permission is received from the Court. Letters on discovery disputes are limited in length by the discovery order issued in the case. Responsive letters must identify by docket entry number which letter is being responded to. Copies of correspondence between counsel shall not be sent to the Court. Courtesy copies, as set forth in Paragraph 2(B), infra, must be provided for all letters in excess of 10 pages, inclusive of exhibits. In the event a letter filed on ECF requires immediate attention, counsel shall contact chambers by telephone to alert the Court of the filing.
Source page 1Adjournments
B. Requests for Adjournments or Extensions of Time for Filing of Papers. All requests for adjournments or extensions of time with regard to filing deadlines must be made in writing and filed on ECF as letter motions. The letter motion must state: (1) the original due date, (2) the number of prior requests for adjournment or extension, (3) whether these prior requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment
Source page 1Adjournments
or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached. All requests for adjournments must be made 48 hours before the scheduled conference or expiring deadline, absent an emergency.
Source page 2Adjournments
Parties seeking adjournments or extensions of time within 48 hours of a scheduled Court conference or expiring deadline, or for any other urgent request, shall contact chambers by telephone to alert the Court of the filing.
Source page 2Communications with chambers
D. Faxes and E-mails. Faxes and e-mails are not permitted without prior approval of chambers. If granted, the fax must not exceed five (5) pages. Copies of faxed or e-mailed submissions must be simultaneously sent to all other counsel. The Court’s e-mail address is McCarthy_NYSDChambers@nysd.uscourts.gov.
Source page 2Adjournments
E. Docketing, Scheduling, and Calendaring Matters. For docketing, scheduling and calendaring matters, call the Courtroom Deputy at (914) 390-4124 between 9:00 a.m. and 5:00 p.m. If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance.
Source page 2Motion practice
A. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2 requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required. The parties should be prepared to describe the time, place and duration of the meeting, and to identify the counsel involved.
Source page 2Motion practice
A pre-motion conference with the Court is required before making any other motions, except motions for admission pro hac vice, motions for re-argument or reconsideration, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule. To arrange a pre-motion conference, the moving party shall submit a letter via ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion. The opposing party shall submit a response via ECF, not to exceed three pages in length, within 3 business days from the date the moving party’s letter was filed. The Court will notify the parties if a pre-motion conference is required.
Source page 2Communications with chambers
B. Courtesy Copies. Courtesy copies of all motion papers, marked as such, shall be submitted to chambers at the time the papers are served. They must be securely bound and tabbed. For those parties permitted to file documents on ECF, all courtesy copies must bear proof of electronic filing.
Source page 2Motion practice
C. Format. The typeface, margins, and spacing of all motion papers presented for filing must meet the following requirements: (1) all text must be 12-point type or larger, except for text in footnotes which may be 10-point type; (2) all documents must have at least one- inch margins on all sides; and (3) all text must be double-spaced, except for headings, text in footnotes, or block quotations, which may be single-spaced. (See Local Civ. R. 7.1(b)).
Source page 2Motion practice
i. Memoranda filed by a party not represented by an attorney and prepared by a computer, or filed by an attorney: Briefs in support of and in response to a motion (except for a motion for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents. Any such brief must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word‐count limitations. The person preparing the certificate may rely on the word count of the word‐processing program used to prepare the document. The certificate must state the number of words in the document. To the extent the court permits a party to submit briefs longer than these limits, and expresses those limits in pages, each additional page must not contain more than 350 additional words.
Source page 3Motion practice
ii. Memoranda filed by a party not represented by an attorney and handwritten or prepared with a typewriter: Briefs in support of and in response to a motion (except for a motion for reconsideration) may not exceed 25 pages, and reply briefs may not exceed 10 pages.
Source page 3Motion practice
E. Filing of Motion Papers. Motion papers shall be filed promptly after service.
Source page 3Filing and working copies
A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.
Source page 3Motion practice
B. Sealing/Redaction Requiring Court Approval. Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the Court's standing order, 19-mc-00583, and ECF Rules & Instructions, Section 6.
Source page 3Motion practice
The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.
Source page 3Motion practice
The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.
Source page 4Motion practice
Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.
Source page 4Filing and working copies
Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.
Source page 4Communications with chambers
Unredacted courtesy copies of all documents to be filed under seal shall be sent to chambers at the time the motion is filed.
Source page 4Trial exhibits and witnesses
A. Joint Pretrial Orders in Civil Cases. Pretrial orders are not required unless specifically directed by the Court in a particular case. Joint Pretrial Orders shall include the information
Source page 4Trial exhibits and witnesses
iv. A brief summary by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. If there is to be a jury trial, a statement as to whether the parties consent to less than a unanimous verdict pursuant to Rule 48 of the Federal Rules of Civil Procedure is required;
Source page 4Courtroom conduct and technology
xii. Anticipated electronic equipment required and whether the Court needs to issue an order permitting such equipment into the courthouse; and
Source page 5Motion practice
xiii. Anticipated motions in limine without going into the merits of the same (e.g., plaintiff will move to prohibit “x”).
Source page 5Filing and working copies
B. Filings Prior to Trial in Civil Cases. Unless otherwise ordered by the Court, each party
Source page 5Motion practice
vi. In all cases, motions addressing any evidentiary or other issues which should be resolved in limine (any responses to motions in limine shall be filed no later than 21 days before trial); and
Source page 5Communications with chambers
Unless otherwise ordered by the Court, each party shall provide courtesy copies of the items identified in i-vii immediately above to Judge McCarthy’s chambers by e-mailing it, in Word format, to McCarthy_NYSDChambers@nysd.uscourts.gov.
Source page 5Discovery
C. Marking Exhibits for Trial. Five court days before the date set for the final pretrial conference, each party must provide each other party, and the Court, with a tabbed binder or binders containing copies of its trial exhibits and deposition designations.
Source page 6Conferences and appearances
S.D.N.Y. Standing Order M10-468 (Revised), dated February 27, 2014 (available on the Court’s website) defines “Personal Electronic Devices” and sets forth the requirements for an attorney to bring such a device into the Courthouse. An attorney who meets those requirements may bring a Personal Electronic Device into the courtroom, but the device must be turned off (not merely placed in vibrate mode or otherwise silenced). If an attorney needs access to such a device during a proceeding (such as when a subsequent appearance is being scheduled), permission to activate the device should be requested of the Court. Attorneys may use their devices in the hallway outside the courtroom (although not in the vestibule to the courtroom), but are asked to be discreet and to keep their voices down.
Source page 6Communications with chambers
White Plains Courthouse delays or closures are announced by 6:00 am. Call (914) 390-4220 to hear a recorded message. In the event of a closure, all conferences will be canceled and a new conference date will be scheduled shortly after the Courthouse reopens. In the event of severe weather conditions when the Courthouse is open, counsel with scheduled appearances should call chambers to confirm that Judge McCarthy is holding court.
Source page 6Shared 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 29, 2026.
Biography sources checked August 2, 2026.
U.S. Courts judicial profile or roster
Identity source · HTML · Administrative Office of the U.S. Courts · Source checked July 29, 2026
View U.S. Courts judicial profile or roster ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗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 ↗CourtListener judicial biographical directory
Identity source · HTML · CourtListener / Free Law Project · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗BR/MAG Judge Database: Judith C. McCarthy
Identity source · HTML · University of Virginia School of Law Legal Data Lab · Source checked August 2, 2026
View BR/MAG Judge Database: Judith C. McCarthy ↗