Personal Jurisdiction (State Court) - Explained
How a State Court Establishes Personal Jurisdiction
Written by J. Mance Gordon
Updated at April 20th, 2024
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
-
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
- Courses
What is Personal Jurisdiction in a State Court?
Personal jurisdiction means that a court has the legal authority to exercise its authority over a person or individual.
This involves Service of Process.
What is Service of Process?
Service of process means providing an individual with a summons (or other authorized methods of notification), which gives notice to the individual that she is being called before the court.
How does a State Court Achieve personal Jurisdiction over an Individual?
Personal jurisdiction is obtained through Service of Process.
Personal jurisdiction in state court is governed by the individual state's law concerning service of process.
Service of process must generally take place (the summons must be delivered) while the defendant is physically present within that state.
The exception to this rule is that every state has a law, known as a long-arm statute, allowing service of process on defendants outside of the state.
- Relevant Law: As an example, see New York's Long-arm Statute, NY CPLR 302 (2012).
- Note: There are limited circumstances where a state will allow a court to exercise jurisdiction over an individual without delivering a summons. For example, a court may exercise jurisdiction over an individual in a family matter (such a divorce), if that individual is a resident of the state and cannot be found after diligent search. Another situation is that a court may exercise jurisdiction over an individual's real estate that is located in the state without delivering a summons to that individual if all attempts to locate the individual fail and notice is posted on the property.
Related Topics
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What are the duties of trial judges in the legal system?
- Contempt of Court
- Declaratory Judgment
- Equitable Relief
- Equity - Definition
- What are the duties of Appellate Judges & Justices?
- De Novo Review
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?