Before you file a lawsuit, be sure the court has power over the individual or business that you want to sue. This article describes the ways that a court can have personal jurisdiction over a defendant: Defendant Resides or Does Business in the State Determining that a court has personal jurisdiction over a particular defendant is easy when you file the suit in the state in which the defendant resides or does business.
Other Ways to Get Personal Jurisdiction Personal jurisdiction rules can be a bit stickier when you file the suit in a state other than the one in which the defendant is a citizen or does business.
Here are standard situations in which courts have personal jurisdiction over non-citizens: Defendant served while in the state. The defendant enters the state in which you filed suit after the case is filed, even if only for a short visit, and you serve the defendant with the court papers normally a summons and complaint.
As in the children's game of "You're It," you'd have to find and "tag" the defendant with the papers while the defendant is in the state. Defendant caused a traffic accident in the state. The defendant caused a traffic accident in the state in which you've filed the lawsuit and the case grows out of the traffic accident. All states have "motorist" statutes giving their courts power to decide cases regarding accidents on their roads, regardless of the parties' citizenship.
In this case, you can serve the defendant with papers anywhere, not just in the state where the lawsuit was filed. Defendant has some contact within the state. The defendant individual or business has engaged in at least a small but significant amount of activity that constitutes "minimum contacts" in the state in which you've filed the lawsuit and the case involves that activity.
The "minimum contacts" requirement generally means that a defendant must have enough connection to the state where a case has been filed for a judge to conclude that it's fair for the state to exercise power over the defendant. A judge would probably conclude that "minimum contacts" exist in the following situations: A business with its headquarters in another state maintains a branch office, store, or warehouse in the state in which the suit is filed.
A business with its headquarters in another state sends mail order catalogs into the state in which the suit is filed. An individual who is a citizen of another state solicits business by making phone calls to customers or publishing advertisements in the state in which the suit is filed. An Internet service provider that is a citizen of another state does business with paid subscribers or takes online orders from customers in the state in which the case is filed.
Jurisdiction Based on Real Property Ownership You may also be able to get jurisdiction over a defendant who owns property within your state.
Usually, this is the County where the defendant lives or where the injury happened. But, sometimes you can change the Venue. See Law and Motion. Click on each court to see the hours and maps.
You have to file the same forms as Unlimited jurisdiction cases. And, your papers have to be numbered at the bottom of every page. The front page also has to say "Limited Civil Case. This is a form you put in front of all your papers. The number of this form is CM Click to download the Civil Case Cover Sheet. This helps them pay for running the court. How much you pay depends on the paper you file.
Check filing fees on the local fee schedule. If you qualify, you can ask the Court for a Fee Waiver. Look at the California Rules of Court 3. To learn more about fee waivers, read the information sheet on the state court website - click to see Fee Waiver Information Sheet. You can access the Fee Waiver Form here. You can also see our sample fee waiver packet. How do I serve the defendant: What is Service of Process? Who can serve the defendant?
Proofs of Service What is Service Of Process: After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts. Hopefully you talked to the defendant and tried to settle the case before you filed. If you would prefer to file your lawsuit in a different state, you may need to prove certain facts to show that jurisdiction is proper there. You can sue in a state where a defendant does not reside or do business if you serve them with the summons and complaint while they are in that state.
This is known as tag jurisdiction, and it applies even if the defendant is only briefly in the state. States also provide that a plaintiff can bring a personal injury case against any defendant who caused a car accident in that state. If neither of those situations applies, a plaintiff may need to show that the defendant has minimum contacts with the state in which they are being sued. This standard is vague, but essentially the judge will need to find that it is fair for the court to have jurisdiction over the defendant, based on their activity in the state.
If a company solicits business in a state, maintains a physical location in a state, or accepts online orders from customers in a state, this requirement likely is satisfied. While personal jurisdiction involves the location of the court, subject matter jurisdiction involves choosing between federal and state courts.
Most lawsuits are filed in state courts, unless the case involves a question of federal law. Federal question jurisdiction can arise in patent infringement cases, civil rights cases, federal tax cases, and other areas that the federal government extensively regulates.
If the case does not involve a federal question, a federal court will have jurisdiction only if diversity of citizenship applies. Diversity must be complete, so a case involving multiple plaintiffs and multiple defendants must feature no plaintiff from the same state as any defendant for a federal court to hear the case. People are citizens of only one state, which is where they have their principal residence.
Before you file your lawsuit, you need to figure out which court has:. Note: You cannot sue the federal government in state court. You can only sue the federal government or a federal agency in federal court. Personal jurisdiction The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.
In general, all California superior courts have jurisdiction over a person that lives in California or can be found in California, and businesses or organizations that do business in California.
So, as long as you are suing someone who lives in California or a company or organization that does business here, the superior court has personal jurisdiction. Subject-matter jurisdiction There are three types of subject matter jurisdiction:.
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