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Pro Se Assistance Program Videos

The Pro Se Assistance Program offers a series of short, informative videos designed to help you better understand the federal court process. These videos provide an overview of the program, explain common procedures, and guide you through key steps involved in starting or defending a civil case in the Northern District of New York.

Whether you are new to federal court or looking for clarification on specific topics, these resources can help you navigate the process more confidently.

Program Overview

The Pro Se Assistance Program, established by the NDNY Federal Court Bar Association, Inc., provides free help to non-incarcerated individuals representing themselves in civil cases in the U.S. District Court for the Northern District of New York. Serving Syracuse, Albany, Binghamton, Utica, Plattsburgh, and Watertown, the program offers guidance on federal procedures, help preparing court papers, assistance with discovery and motions, legal research support, and referrals. The Pro Se Coordinator is a qualified attorney but does not represent litigants, appear in court, file documents, or pay court costs. Participation is separate from any court-appointed counsel process.

Click to Read Video Transcript

All about the pro se assistance program

Slide 1
“Pro Se”
is Latin for in one’s own behalf.

Slide 2
A pro se litigant is a person bringing or defending against a lawsuit without the aid of an attorney. Often litigants proceed pro se, because they cannot afford or find an attorney to represent them. This program is for pro se litigants who have been sued or plan to sue in the Northern District of New York Federal Court.

Slide 3
The program assists pro se litigants throughout the Northern District of New York, including in Syracuse, Albany, Binghamton, Utica, Plattsburgh, and Watertown.

Slide 4
The program cannot, however, provide assistance to incarcerated individuals.

Slide 5
The program is free for pro se litigants, thanks to the generous support of the Northern District of New York Federal Court Bar Association.

Slide 6
The assistance provided by the program:
If you are a pro se litigant in the Northern District of New York, you can seek help from the Pro Se Assistance Program for free.

After an initial intake call, you will be matched with a local lawyer who has experienced litigating cases in the Northern District of New York and who can provide you with assistance prosecuting or defending your case.

Slide 7
The program’s attorneys will assist you by discussing the nature of the case, identifying your goals, helping you to figure out if the federal court is the right court for your case, familiarizing you with available public resources, including access to legal research tools, assist you in drafting complaints and filling out legal forms.  They will answer questions about federal practice and procedure and consult with you regarding discovery and motion practice and problem solving. 

Slide 8
The Program’s attorneys cannot, however, provide legal or strategic advice, communicate or negotiate with opposing counsel or the court on your behalf, investigate the facts of your case, pay for court costs or fees associated with litigating in federal court, or act as your attorney.

Slide 9
Are you interested in accessing the pro se program? Pro Se Litigants may contact the program either by phone or email at (877) 422-1011or [email protected]

Federal Court Jurisdiction

The presentation explains how to determine whether a lawsuit belongs in federal court or state court, and if in federal court, which district is appropriate. Federal courts have limited jurisdiction and can only hear cases involving federal questions, such as violations of federal statutes or the U.S. Constitution, or cases based on diversity jurisdiction, which requires parties from different states (or countries) and more than $75,000 in dispute. If neither applies, the case must be filed in state court. The presentation also explains venue, focusing on when the Northern District of New York is the proper federal court based on location of events or defendants.

Click to Read Video Transcript

Slide 1 (Introduction): This presentation addresses whether your lawsuit belongs in federal district court and, if so, whether the Northern District of New York is the appropriate federal district court to hear your case. Since the Northern District of New York is just one of the more than ninety federal district courts located throughout the United States, and one of the four federal district courts located within New York State, it is important to determine which of these courts your lawsuit belongs in before commencing it.

Slide 2: Once you decide that you want to commence a lawsuit, one of the first questions you must consider is where your lawsuit may be filed.

The answer to this question depends first on whether a particular court has the power to decide your case. This power to decide a case is called jurisdiction.

There are two court systems in the United States: the state court system and the federal court system.

In New York State, the Supreme Courts are the courts of “general jurisdiction,” meaning that they can hear and decide almost any lawsuit.

Federal courts, on the other hand, are courts of “limited jurisdiction,” meaning that they only have jurisdiction over certain limited types of lawsuits. Unlike state courts, which can hear almost any type of lawsuit, federal courts can only hear lawsuits that fit within their two categories of jurisdiction: (1) Federal Question Jurisdiction and (2) Diversity Jurisdiction. If your lawsuit does not fit within one of these two categories of jurisdiction, it must be filed in state court.

Slide 3: We first address Federal Question Jurisdiction. A lawsuit falls within a federal court’s Federal Question Jurisdiction if it alleges that a federal law (either a statute or a provision of the United States Constitution) has been violated. Examples of claims that fall under a federal court’s Federal Question Jurisdiction are civil rights claims under the federal statute known as 42 U.S.C. § 1983 and employment discrimination claims under Title VII of the federal statute known as the Civil Rights Act of 1964.

Slide 4: If your lawsuit does not fall within a federal court’s Federal Question Jurisdiction because it involves a violation of state law instead of federal law, the federal court may still hear your case if it falls within the second category of jurisdiction known as Diversity Jurisdiction. A lawsuit falls within a federal court’s Diversity Jurisdiction when there is diversity of citizenship between the parties, meaning that they reside in two different states or a state and a foreign country, and the amount of money that the parties are disputing exceeds $75,000.

Slide 5: In summary, if there is no federal statute governing your situation, and you and any of the defendants are citizens of the same state or the amount of money in controversy is less than $75,000, your lawsuit does not belong in federal court and should be commenced in state court, which is a court that has much broader jurisdiction than federal courts. Here is a chart that provides some examples of cases that belong either in federal court or state court: [INSERT CHART]

Federal Court State Court
A lawsuit pursuant to the federal statute known as 42 U.S.C. § 1983 for a violation of a civil right (Federal Question Jurisdiction) Matrimonial action (involves state law)
A lawsuit for employment discrimination under Title VII of the federal statute known as the Civil Rights Act of 1964 (Federal Question Jurisdiction) Probate of a will (involves state law)
A personal injury lawsuit involving a plaintiff from New York and a defendant from New Jersey and the amount of money in controversy is $80,000 (Diversity Jurisdiction) A personal injury lawsuit involving a plaintiff from New York and a defendant from New York and the amount of money in controversy is $80,000 (although the amount of money in controversy exceeds $75,000, there is no diversity of citizenship)
A personal injury lawsuit involving a plaintiff from New York and a defendant from the United Kingdom and the amount of money in controversy is $90,000 (Diversity Jurisdiction) A personal injury lawsuit involving a plaintiff from New York and a defendant from New Jersey and the amount of money in controversy is $70,000 (although there is diversity of citizenship, the amount of money in controversy does not exceed $75,000)

 

Slide 6: If you determine that your case falls within one of the two categories of federal court jurisdiction that we have just discussed, the next question you must consider is which federal district court may hear your lawsuit. There are more than ninety federal district courts located throughout the United States, and there are four federal district courts in New York State alone. Venue is the term to describe which federal district court may hear your lawsuit.

Slide 7: A federal district court is the proper venue for your lawsuit if it has some logical relationship to the parties to the lawsuit or to the subject matter of the lawsuit. As such, you may only file your lawsuit in the Northern District of New York if the actions or inactions that you believe injured you occurred within the geographic boundaries of the Northern District of New York or if the defendant to the lawsuit resides within the geographic boundaries of the Northern District of New York.

Slide 8: The geographic boundaries of the Northern District of New York are expansive and include the following counties: [INSERT CHART]

Albany Essex Madison Saratoga
Broome Franklin Montgomery Schenectady
Cayuga Fulton Oneida Schoharie
Chenango Greene Onondaga Tioga
Clinton Hamilton Oswego Tompkins
Columbia Herkimer Otsego Ulster
Cortland Jefferson Rensselaer Warren
Delaware Lewis St. Lawrence Washington

If the actions or inactions that you believe injured you did not occur within any of these counties, or if the defendant to the lawsuit does not reside in any of these counties, then the Northern District of New York is not the proper venue for your lawsuit, and you will need to commence your lawsuit in a different federal district court.

Slide 9 (conclusion): This presentation discussed whether your lawsuit belongs in federal court or state court and, if it belongs in federal court, whether the Northern District of New York is the proper district court to hear your lawsuit. This presentation also discussed the legal principles of jurisdiction and venue, which are the keys to answering these important questions.

For additional information related to these topics, please see our Pro Se Handbook located at: https://www.nynd.uscourts.gov/sites/nynd/files/Pro%20Se%20Handbook_011224_Final.pdf