Civil procedure
Personal Jurisdiction
Personal jurisdiction is the court's authority over the particular defendant, as opposed to its authority over the subject of the case.
A defendant sued far from home can challenge it. General jurisdiction exists where the defendant is essentially at home, usually its state of incorporation or headquarters. Specific jurisdiction exists where the defendant purposefully directed activity at the forum state and the claim arises out of that activity.
Unlike subject matter jurisdiction, this objection is waivable. A defendant who answers, litigates, and raises it late has consented, which is why it appears in the first responsive filing or not at all.
Look for it early on the docket. A motion attacking personal jurisdiction is usually the defendant's very first filing, often with declarations describing exactly how little business the company does in the state.
How it appears on a docket
MOTION to Dismiss for Lack of Personal Jurisdiction filed by Northline Freight LLC. (Attachments: # 1 Declaration of M. Osei re: absence of contacts with the forum)
Governing rule
Fed. R. Civ. P. 12(b)(2)
Related terms
- Venue — Venue is the question of which particular federal district should hear a case that federal courts as a whole may hear.
- Service of Process — Service of process is formally delivering the summons and complaint to a defendant so the lawsuit can proceed against them.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where personal jurisdiction actually shows up. New to federal dockets? Start with how to find a federal case.