What Is Subject Matter Jurisdiction?

What This Notice or Action Is

Subject matter jurisdiction is the court's authority to hear a particular type of case. It's based on the nature of the claim, not the parties. A court without subject matter jurisdiction cannot decide your case, and lack of jurisdiction can be raised at any time—even on appeal.

What Law or Rules Typically Govern It

Federal Subject Matter Jurisdiction

Federal question (28 U.S.C. § 1331): Case arises under federal law
Diversity (28 U.S.C. § 1332): Parties from different states + amount in controversy over $75,000
Supplemental (28 U.S.C. § 1367): Related state claims can be added to federal case

State Court Jurisdiction

General jurisdiction: Can hear most types of cases
Limited jurisdiction: Specific courts for specific cases (small claims, family, probate)
Amount in controversy limits: Small claims courts have dollar limits

Key Principles

Subject matter jurisdiction cannot be waived or consented to
Can be challenged at any time, even after judgment
Court must dismiss if it lacks jurisdiction
Parties cannot create jurisdiction by agreement

What Pro Se Litigants Commonly Misunderstand

❌ "I can sue in any court I want"

Reality: You must file in a court that has subject matter jurisdiction over your type of case.

❌ "If the other party doesn't object, the court has jurisdiction"

Reality: Subject matter jurisdiction cannot be waived. The court must have it regardless of what parties agree to.

❌ "Federal court is better, so I'll file there"

Reality: You can only file in federal court if you have federal question or diversity jurisdiction. You can't choose federal court just because you prefer it.

How to Research This Issue

Step 1: Identify the Nature of Your Claim

Is it based on federal law or state law?
What is the amount in controversy?
What type of relief are you seeking?

Step 2: Research Which Courts Can Hear Your Case

Check federal jurisdiction statutes (28 U.S.C. §§ 1331, 1332)
Review state court jurisdiction statutes
Check dollar limits for small claims or limited jurisdiction courts

Step 3: Determine If Jurisdiction Exists

For federal question: Does claim arise under federal law?
For diversity: Are parties from different states? Is amount over $75,000?
For state court: Does court have authority over this type of case?

Practical Considerations

⚠️ Jurisdiction vs. Venue

Don't confuse subject matter jurisdiction (court's authority to hear case type) with venue (proper location) or personal jurisdiction (authority over parties).

Common Jurisdictional Issues

Diversity destroyed: Plaintiff and defendant from same state
Amount in controversy: Claim doesn't meet $75,000 threshold
Wrong court type: Filed in small claims but amount exceeds limit
Exclusive federal jurisdiction: Some claims (bankruptcy, patents) must be in federal court

When to Consider Consulting an Attorney

⚖️

Jurisdictional challenge filed

If other party challenges court's jurisdiction

⚖️

Complex jurisdictional issues

If federal question or diversity jurisdiction is unclear

Red Flags and Urgent Situations

🚨 Motion to Dismiss for Lack of Jurisdiction

Other party challenges court's authority to hear case

🚨 Court Questions Jurisdiction

Judge raises jurisdiction issue sua sponte (on their own)

Next Steps

✅ Before Filing

Identify the nature of your claim (federal vs. state law)
Calculate amount in controversy
Research which courts have jurisdiction
File in court with proper subject matter jurisdiction

📋 If Jurisdiction Challenged

Research the jurisdictional basis for your case
File opposition to motion to dismiss
Provide evidence of jurisdiction (amount in controversy, federal question, etc.)
If jurisdiction lacking, consider refiling in proper court

🎯 If Case Dismissed for Lack of Jurisdiction

Refile in court with proper jurisdiction
Check statute of limitations—may have tolled during first case
Amend complaint if needed to establish jurisdiction