Also known as:personal jurisdiction · in personam jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's authority to render a binding judgment against a particular defendant. The authority arises when the defendant has minimum contacts with the forum such that the suit does not offend traditional notions of fair play and substantial justice, or when the defendant is served with process while physically present in the forum, consents to jurisdiction, or is domiciled there.
Sources & Authorities
How it applies
Common Examples
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Motion to Dismiss Under Rule 12(b)(2)
Jeffrey Jha, a resident of State X, is sued in federal court in State Y for an alleged breach of contract. He files a pre-answer motion asserting that the court lacks authority over him because he has no contacts with State Y. The court must decide whether to dismiss the action before reaching the merits.
Stream of Commerce Claim
Jones Petroleum, a foreign manufacturer, ships components to a distributor knowing they may end up anywhere in the United States. One component reaches State Z and injures a buyer there. The buyer sues Jones Petroleum in State Z. The court must determine whether the mere placement into commerce supplies the required connection to the forum.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Dictionaries
Joanna Jung sues two defendants in federal court. No district satisfies the residence or substantial-events rules for venue. One defendant has contacts that would support personal jurisdiction in District A. The court may therefore hear the case in District A under the statutory fallback even though the other venue rules are unsatisfied.
Maintenance After Foreign Divorce
Jennifer Jackson obtains a divorce decree in State A that did not acquire authority over her former spouse. She later seeks maintenance in State B. The court may award maintenance only after finding that she lacks sufficient property for her reasonable needs and cannot support herself through appropriate employment.
Child Custody Determination
Jerome Jackson seeks a custody order in State C concerning a child who lives in State D. The child is not present in State C and the other parent has no contacts there. The court must decide whether physical presence or personal jurisdiction over a party is required before it can enter a custody determination.
Interstate Support Petition
Julia Jensen files a support petition in State E against a respondent who lives in State F. She may file directly in a tribunal of State F if that tribunal has or can obtain authority over the respondent, allowing the proceeding to move forward without first establishing jurisdiction in State E.
Common questions
Frequently Asked
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How does a defendant preserve an objection to jurisdiction of the person?+
A defendant must raise the defense in a pre-answer motion under Rule 12(b)(2) or in the first responsive pleading. Failure to do so waives the objection.
Does personal service while temporarily present in the forum always confer jurisdiction of the person in a support proceeding?+
Yes. In proceedings to establish parentage or child support, personal service on a nonresident while physically present in the state supplies an independent statutory basis for jurisdiction regardless of the brevity or purpose of the visit.
When may a court award maintenance after a prior divorce decree that lacked jurisdiction of the person over the absent spouse?+
The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to provide for reasonable needs and is unable to support himself through appropriate employment or is the custodian of a child whose condition makes outside employment inappropriate.
433 U.S. 186 (1977)Conflict of Laws
…of in personam actions. In International Shoe Co. v. Washington , 326 U. S. 310 (1945), we held that a state may exercise personal jurisdiction over a nonresident defendant only if the defendant has “minimum contacts” with the state “such that the maintenance of the suit does not offend ‘traditional notions of fair play and…