Also known as: transient jurisdiction · tag jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A traditional basis for exercising personal jurisdiction over a nonresident defendant. The basis exists when the defendant is personally served with process while physically present in the forum state. The presence may be brief and the claim may have no connection to the forum.
Tiana Tan, domiciled in State L, was changing planes during a brief layover at an airport in State M. While she waited at the gate, a process server handed her the summons and complaint in a contract action filed in State M court. The claim arose entirely from events in State L and had no relation to her travel. The State M court may exercise personal jurisdiction over Tiana because the valid personal service occurred while she was physically present in the state.
Theo Thomas, a resident of State G, traveled to State H for a three-day family visit. During the visit he was personally served at a restaurant with a summons and complaint in an unrelated tort action filed in State H court. The claim had no connection to State H or to his brief stay. The State H court may exercise personal jurisdiction over Theo on the basis of that service alone.
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No. The rule permits jurisdiction even when the claim is entirely unrelated to the defendant's brief presence. Physical presence at the time of valid personal service supplies the constitutional basis without any additional contacts analysis.
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No. The rule applies when the defendant is personally served while physically present, regardless of how short the visit is. An airport layover or a single-day business trip satisfies the requirement.
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Yes. In proceedings to establish or enforce a child support order or to determine parentage, personal service while the respondent is physically present in the state supplies an independent statutory basis for jurisdiction.
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No. When the defendant is personally served while physically present, the traditional rule itself satisfies due process. Minimum contacts analysis applies only when the defendant is not present and served in the forum.
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…& Trautman); Traynor, Is This Conflict Really Necessary?, 37 Texas L. Rev. 657 (1959) (hereafter Traynor); Ehrenzweig, The Transient Rule of Personal Jurisdiction: The "Power" Myth and Forum Conveniens, 65 Yale L. J. 289 (1956); Developments; Hazard. Although this Court has not addressed this argument directly, we have held that property cannot be…