Also known as:nonresidents · non-resident · non-residents
Written by attorneys · grounded in primary & secondary sources — see below
An individual who maintains no domicile or residence within the forum state or jurisdiction whose laws are at issue.
Sources & Authorities· 23 primary sources
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How it applies
Common Examples
6
Nonresident Plaintiffs Lack Claim Connection
Nancy Nelson and Nolan Nunez, both residents of State A, joined a product-liability suit in State B against a defendant already subject to jurisdiction there for resident plaintiffs' claims. Their own claims arose entirely from purchases and injuries occurring outside State B. The court dismissed their claims for lack of specific personal jurisdiction because no forum connection existed for the nonresident plaintiffs.
Nonresident Petitioner Seeks Modification
Neil Nair, now living in State X, registered an Illinois support order in Wisconsin and petitioned the Wisconsin court to reduce his payments. Mia, the obligee, remained in Illinois. Because Neil is a nonresident of Wisconsin and the respondent is subject to its personal jurisdiction, the Wisconsin tribunal may consider the modification request under the governing interstate statute.
Jurisdiction Over Nonresident Parent
Noah Nakamura resides in State Y. A State Z court with subject-matter jurisdiction over a parentage action seeks to adjudicate his paternity of a child in State Z. The court may exercise personal jurisdiction over the nonresident individual once the conditions of the state's Uniform Interstate Family Support Act section 201 are satisfied.
Long-Term Contract Supports Jurisdiction
Naveen Nanda, a State A resident, entered a ten-year franchise agreement with a State B company that required ongoing purchases, training sessions, and a choice-of-law clause favoring State B. When sued in State B for breach, the nonresident defendant could not show that litigating there would place him at a severe disadvantage, so personal jurisdiction was proper.
Residency Requirement Violates Privileges
Nestor Navarro, a licensed attorney residing in State C, applied for admission to the State D bar under a reciprocity rule that imposed a durational residency requirement. The requirement discriminated against nonresidents seeking to practice law, a common calling, without substantial justification, violating the Privileges and Immunities Clause.
Reciprocal Admission Barriers Invalid
National Trust, seeking to employ out-of-state counsel, challenged State E's rule that effectively barred nonresidents from reciprocal bar admission. The rule imposed discriminatory barriers on nonresidents' right to practice law without substantial justification and therefore violated the Privileges and Immunities Clause.
Common questions
Frequently Asked
5
When does a nonresident plaintiff's claim support specific personal jurisdiction?+
Specific personal jurisdiction requires a connection between the forum and each plaintiff's claim. A state court cannot exercise personal jurisdiction over a defendant with respect to nonresident plaintiffs' claims that lack any forum-related activity or in-forum injury, even if the defendant is subject to jurisdiction in that state as to resident plaintiffs' similar claims.
What condition must a nonresident petitioner satisfy to seek modification of a support order under UIFSA?+
A state that registers another state's child support order may obtain authority to modify that order when the petitioner is a nonresident of the forum state, the respondent is subject to the forum's personal jurisdiction, and no party or child still resides in the issuing state.
How may a court obtain personal jurisdiction over a nonresident individual in a parentage action?+
A court of this state with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual if the conditions prescribed in the state's Uniform Interstate Family Support Act section 201 are satisfied.
When is personal jurisdiction proper over a nonresident defendant in a contract dispute?+
Personal jurisdiction is proper where a nonresident defendant has purposefully entered into a long-term, interdependent contractual relationship with a forum resident, with contemplated future consequences in the forum and a choice-of-law clause favoring the forum, unless the defendant shows that the forum is so gravely inconvenient as to place him at a severe disadvantage.
Do state bar admission rules that discriminate against nonresidents violate the Privileges and Immunities Clause?+
State residency requirements for bar admission violate the Privileges and Immunities Clause where they discriminate against nonresidents in pursuing the common calling of law practice without substantial justification. Out-of-state lawyers cannot be excluded on the speculative assumption that they will not keep abreast of local rules, behave honestly, be available, or perform pro bono work.
upon whom personal service of process was not made. Distinctions between actions in rem and those in personam are ancient and originally expressed in procedural terms what seems really…
, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure, and instrumental orientation of corporations raise…
Constitutional LawThe relation of nation and states in a federal system · Federalism-based limits on state authorityUBEIntermediate