Also known as: transient jurisdictions · temporary jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A traditional basis for exercising personal jurisdiction over an individual defendant who is personally served with process while physically present in the forum state, even if the presence is brief and the claim is unrelated to that presence.
Elaine, a New Jersey hedge fund manager, had a one-hour layover at the Atlanta airport. A process server handed her a Georgia summons and complaint at the gate for a mismanagement suit unrelated to Georgia. Elaine moved to dismiss for lack of personal jurisdiction. The court denied the motion because her voluntary presence in Georgia at the time of personal service supplied a valid basis for in personam jurisdiction over her as an individual.
Cederberg, a nonresident, was served with process in Boston while present in Massachusetts. The plaintiff sued on a claim having no connection to Massachusetts. Cederberg moved to dismiss for lack of personal jurisdiction. The court held that service while physically present conferred jurisdiction over his person without need for additional contacts.
Select any source to read its text and confirm it supports the definition.
No. The doctrine permits jurisdiction over an individual even when the claim is unrelated to the forum or the defendant's activities there. Physical presence at the time of valid personal service is itself sufficient.
Supporting sources
No. The doctrine applies only to natural persons. Corporations are subject to general jurisdiction based on domicile or continuous and systematic contacts that render them at home in the forum.
Supporting sources
Yes. The Supreme Court confirmed that service on a natural person while physically present in the forum remains a constitutionally sufficient basis for personal jurisdiction. The minimum-contacts analysis does not displace this traditional ground.
Supporting sources
No. The length of the stay and the reason for presence are irrelevant so long as the defendant is voluntarily in the state and is personally served there. Even a one-hour layover or rest-stop stop supports jurisdiction.
Supporting sources
…a defendant who was personally served while physically present in the forum state. The California courts applied the so-called "transient jurisdiction" rule, which permits the exercise of jurisdiction over a nonresident who is served with process while voluntarily present in the state, even if the suit is unrelated to the defendant's…