Civil procedure refers to the rules and principles governing the process of litigating civil cases in federal and state courts. This includes jurisdiction, venue, pleadings, motions, discovery, pretrial, trial, post-trial, and appellate procedures, as well as the rules of evidence and the enforcement of judgments. A thorough understanding of civil procedure is essential for attorneys to effectively navigate the legal system and advocate for their clients.
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Personal jurisdiction refers to the court’s ability to exercise power over a defendant. Traditionally, PJ is found based on where a party is domiciled, its presence in the state when it is served, or whether it gives consent to jurisdiction. A corporation is domiciled where it is incorporated and where it has its principal place of business.
A long arm statute is a state statute that allows PJ over a defendant even if no traditional basis exists. A long arm statute gives the court PJ over an out-of-state defendant.
Even if PJ is arguably established, jurisdiction over the defendant must be constitutional. The defendant must have sufficient minimum contacts with the forum state so as not to offend traditional notions of fair play and substantial justice. The Supreme Court has listed a series of factors to assess the constitutionality of PJ. In general the factors fall under (1) degree of contact; (2) relatedness of the contact; and (3) fairness.
Minimum contacts for PJ requires a showing of (1) purposeful availment and (2) foreseeability. The courts must find that the defendant purposefully availed herself of the privileges of conducting activities in the forum state, thus invoking the benefits and protections of its laws. Additionally, the defendant must have foreseen that she would be haled into court in the forum state.
The courts must find that the defendant purposefully availed herself of the privileges of conducting activities in the forum state, thus invoking the benefits and protections of its laws.
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