Also known as:personal jurisdiction doctrines · personal jurisdiction · in personam jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional limit on a court's authority to adjudicate claims against a defendant. The limit requires that the defendant have minimum contacts with the forum state such that the exercise of jurisdiction comports with traditional notions of fair play and substantial justice.
Sources & Authorities
How it applies
Common Examples
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Pre-Answer Motion to Dismiss
Preston Pratt, a resident of State A, sued Pinnacle Holdings in State B federal court for breach of a supply contract. Pinnacle Holdings had never conducted business in State B and maintained no contacts there. Before answering, Pinnacle Holdings filed a motion under Rule 12(b)(2) asserting that the court lacked authority over it.
Stream of Commerce Claim
Pierre Poulin, a California resident, sued a Japanese valve manufacturer after a tire containing its component exploded in California. The manufacturer had sold the valves to a Taiwanese company that incorporated them into tires sold nationwide, including California. The court held that mere awareness that the product might reach California did not create the required contacts.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Study Supplements
Venue Fallback Provision
Penelope Price filed suit in federal court against Platinum Partners after a contract dispute. No district satisfied the ordinary venue rules because the events occurred abroad and no defendant resided in the United States. The court therefore looked to the district in which Platinum Partners was subject to personal jurisdiction.
Maintenance After Foreign Divorce
Paula Pierce obtained a divorce decree in State A that dissolved her marriage to Peter Park, who had never been served in State A. She later sought maintenance in State A. The court could award maintenance only after finding that she lacked sufficient property and could not support herself through employment.
Child Custody Determination
Phuong Pham sought a custody order in State A over a child who lived in State B with the other parent. The child had never been present in State A. The court held that the child's absence and lack of personal jurisdiction over the other parent did not prevent it from making a custody determination under the applicable statute.
Interstate Support Proceeding
Patriot Insurance filed a support enforcement action in State A on behalf of a resident obligee against an obligor living in State B. The petition was filed directly in a State B tribunal. The tribunal could hear the case because it had or could obtain personal jurisdiction over the obligor.
Common questions
Frequently Asked
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When must a defendant raise lack of personal jurisdiction to avoid waiver?+
A defendant must raise the defense in the first pre-answer motion or in the responsive pleading if no motion is filed. Failure to do so waives the objection under the consolidation and waiver rules.
Supporting sources
Does the mere presence of a defendant's property in the forum support personal jurisdiction over an unrelated claim?+
No. Modern doctrine requires minimum contacts between the defendant and the forum that relate to the claim. The presence of unrelated property alone does not satisfy due process.
Supporting sources
How does personal jurisdiction interact with venue when no ordinary venue provision applies?+
When no district satisfies the usual venue rules, a plaintiff may sue in any district where any defendant is subject to personal jurisdiction with respect to the action.
Supporting sources
Can a court award maintenance after a divorce decree entered without personal jurisdiction over the absent spouse?+
Yes, but only if the court finds that the spouse seeking maintenance lacks sufficient property and cannot support herself through appropriate employment.
Supporting sources
Is physical presence of a child required for a court to make a custody determination?+
No. Physical presence of the child or personal jurisdiction over a party is neither necessary nor sufficient to support a child-custody determination.
Supporting sources
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…