What is a state Long-arm Statute?

A state's long-arm statute allows service of process on defendants who are physically located outside of the state.

What are the Limits on a State's Long-arm Statute?

 A state's long-arm statute must comply with the 14th Amendments Due Process protections.

• Relevant Law: the Eighth Circuit that when a state's "long-arm statute is coextensive with constitutional limits, we need only determine whether the assertion of jurisdiction over this defendant offends due process." Johnson v. Woodcock, 444 F.3d 953, 955 (8th Cir. 2006). The Fourth Circuit has held that the West Virginia long-arm statute "is coextensive with the full reach of due process. . . ." Owens-Illinois, Inc. v. Rapid Am. Corp. ( In re Celotex Corp.), 124 F.3d 619, 627 (4th Cir. 1997)

This means that, to pass constitutional muster, a state's long-arm statute will only allow for service of process on the individual outside of the state's borders if the defendant has sufficient contact with the state to make it reasonable to call her into court there. 

More precisely, the defendant must have minimum contacts with the state sufficient to not offend notions of fair play and substantial justice.

• Relevant Law: International Shoe v Washington, 326 US 310 (1945), established the standard requiring minimum contacts with a state, sufficient not to offend notions of fair play and substantial justice.

Examples of situations where a defendant has minimum contacts with the state to allow the state to serve process on a defendant via its long-arm statute include when: 

• she is a resident of the state; 
• she owns property in the state that is the subject of the controversy; or 
• she committed the controversial activity in the state. 

A business entity is subject to jurisdiction if it carries on business regularly in the state or is organized in or registered to do business in the state. 

All of these situations involve a sufficient level of contact with the state so that service of process outside of the state's geographic borders does not offend notions of fair play and substantial justice.

• Relevant Law: See the Texas Long-Arm Statute as an example.
• Note: Recall, federal courts use the law of the state in which it is located for serving process on a defendant. This includes using the state's long-arm statute when a defendant is not physically located within the state.

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?