New York Pro Se Information Notice and Pro Se Litigation Guidelines

State:
New York
Control #:
NY-WD-146
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PDF
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Description

Pro Se Information Notice

New York Pro Se Information Notice and Pro Se Litigation Guidelines are resources designed to help individuals representing themselves in civil court proceedings in New York State. The New York State Unified Court System has published the Pro Se Information Notice, which provides guidance on what to expect in the court process and how to navigate a court case. The Pro Se Litigation Guidelines provide direction and guidance on how to prepare, file, and proceed with a civil case, as well as helpful tips on how to present one’s case in court. There are two types of New York Pro Se Information Notice and Pro Se Litigation Guidelines: the Pro Se General Information Notice, and the Pro Se Litigation Guide. The Pro Se Information Notice provides generic information about court proceedings and the court process, while the Pro Se Litigation Guide offers more detailed instructions and guidance for preparing and filing documents, presenting one’s case in court, and other aspects of the court process.

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FAQ

In the courts of the State of New York, adult individuals may prosecute or defend a civil action in person, but a corporation or association may do so only through an attorney. N.Y. C.P.L.R. 321(a).

4) What is a Notice of Intention to File a Claim? A Notice of Intention to File a Claim is an optional document that a potential claimant may serve upon the defendant to extend the time period to serve and file a claim.

State law imposes such an obligation upon people who wish to sue New York State, local government or a government agency for money damages. A lawsuit against the State of New York may only be filed in the Court of Claims. First, however, you must file a Notice of Claim with the State (see Court of Claims Act §10).

While an individual is permitted to represent himself or herself in a lawsuit, a corporation is not an individual. Only a person authorized to practice law may appear in court for a corporation. The only exception is small claims court.

Service on a corporation shall be made by delivering the process to an officer, director, or general agent, or cashier or assistant cashier (as defined in cases interpreting this law) or any other agent authorized by appointment or by law to receive service. CPLR 311.

A dissolved corporation may sue or be sued in all courts and may participate in actions and proceedings, whether judicial, administrative, arbitrative or otherwise, in its corporate name, and process may be served by or upon it.

Notice of Appearance (NY) This notice of appearance is a standard template that attorneys, including those admitted pro hac vice, can use to record their appearance in an action pending in New York Supreme Court. A notice of appearance notifies the court and other parties that you represent a party in the litigation.

(c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services. (3) a nonlawyer has the right to direct or control the professional judgment of a lawyer.

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New York Pro Se Information Notice and Pro Se Litigation Guidelines