How Do I Start a New Lawsuit Without an Attorney?

A lawsuit is commenced by the filing of a complaint. The Southern District of New York requires a party to submit an original and two exact copies of the complaint.

Pro se litigants must submit an original and two copies of their complaint to the Pro Se Office, along with the filing fee or an application to proceed in forma pauperis. Prisoners must also include a Prisoner Authorization form.

The Pro Se Office has complaint forms that litigants may use to file an employment discrimination action, a social security disability appeal, a prisoner civil rights action, or an action for habeas corpus relief by a prisoner. For other types of actions, litigants must write their own complaint in English on 8-1/2" x 11" paper.

A complaint must contain the following: [See FRCP 11].

1. a caption in the upper right-hand corner,
2. The word "COMPLAINT" next to the caption,
3. A statement of jurisdiction and venue
4. A statement of facts
5. The remedy requested
6. The words "JURY DEMANDED" if the party wants the case decided by a jury at trial,
7. The party’s signature, address, and telephone number

As a pro se litigant, you may pay the filing fee and deliver the complaint to the Pro Se Office in person, but then you must submit both the civil cover sheet and summons. The Pro Se Office will provide both documents for cases submitted to the Pro Se Office by mail (whether the fee is paid or a fee waiver is requested) or cases delivered to the Pro Se Office in person in which a fee waiver is requested.

Once the case receives a docket number and is assigned to a judge of this Court, the Pro Se Office will instruct the litigant on how to proceed.

It is extremely important for all pro se litigants to inform the Pro Se Office (as well as the other parties in the lawsuit) of any change of address immediately so that legal mail regarding the case can be sent to the correct address. All change of address notifications must be submitted in writing.