Also known as: in personam action · personal actions · in personam
Written by attorneys · grounded in primary & secondary sources — see below
A civil proceeding in which a court asserts jurisdiction over a defendant personally to render a binding judgment against that individual.
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Isaac Irving attended a three-day agricultural expo in Missouri. A process server handed him a Missouri summons and complaint for unpaid lease fees on equipment used only in Iowa. The Missouri court exercised in personam jurisdiction over Isaac based solely on that personal service while he was physically present in the state.
Ines Ibarra traveled to State B for a three-day family visit. Frontier Homes served her personally with a breach-of-contract summons at a local restaurant. The State B court obtained in personam jurisdiction over Ines even though the construction dispute arose entirely in State A.
Ilana Isaacs had a one-hour layover in Georgia while traveling between New York and New Jersey. An investor served her personally with a mismanagement complaint at the gate. The Georgia court exercised in personam jurisdiction over Ilana on the unrelated claim.
Ibrahim Iqbal played an away game in Illinois. Darius served him personally with a breach-of-contract complaint in the visiting locker room. The Illinois court obtained in personam jurisdiction over Ibrahim despite the training contract having been performed only in Florida and Texas.
Ismael Ibrahim stopped briefly at a State A rest area while driving through on an interstate delivery. Keith served him personally with a negligence complaint arising from an earlier accident in State C. The State A court exercised in personam jurisdiction over Ismael on that unrelated claim.
Isla Ireland made a brief stop at a highway rest area in State A. A plaintiff served her personally with a complaint seeking damages for injuries sustained weeks earlier in State C. The State A court asserted in personam jurisdiction over Isla based on that service during her voluntary presence.
Yes. A state court may exercise in personam jurisdiction over a defendant who is personally served while physically present in the forum even if the presence is brief and the claim has no connection to the forum.
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No. The constitutional validity of transient jurisdiction does not require that the claim arise from or relate to the defendant's presence in the state.
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Yes. Voluntary presence in the forum state at the moment of personal service is sufficient regardless of whether the stop is a brief layover or a rest-area visit during an interstate trip.
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…a controversy depends on its jurisdiction over the “ res ” that is the subject of the dispute has been rejected with respect to in personam jurisdiction. International Shoe Co. v. Washington , 326 U. S. 310. Pp. 196-197. (b) The same fictional basis of jurisdiction is unacceptable with respect to in rem jurisdiction. The…