Waiving Personal Jurisdiction Question

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
zz355
Posts: 2
Joined: Sun Dec 09, 2012 8:43 pm

Waiving Personal Jurisdiction Question

Postby zz355 » Sun Dec 09, 2012 8:51 pm

So say you are from Washington and suing a defendant from Kansas, and the Washington rules of procedure says that you can contest jurisdiction only by "special appearance" and if you do any more than that, you have consented to personal jurisdiction.

So the defendant's only response is an answer where he denies liability on the merits of the suit, and he also claims that there is no jurisdiction in Washington over him. Also, the def has no contacts with Washington.

Would it make a difference whether he answers in State court or Federal court? I assume if he answers in state court then he has consented to personal jurisdiction, but I'm unsure...if this is right or if there is a difference if he answers in federal court.

Thanks!

User avatar
dextermorgan
Posts: 1138
Joined: Wed Jul 09, 2008 12:37 am

Re: Waiving Personal Jurisdiction Question

Postby dextermorgan » Sun Dec 09, 2012 8:55 pm

He should answer in the court that the complaint was filed? I'm not sure I understand your question.

zz355
Posts: 2
Joined: Sun Dec 09, 2012 8:43 pm

Re: Waiving Personal Jurisdiction Question

Postby zz355 » Sun Dec 09, 2012 8:59 pm

Oh sorry mistype.

So he would answer wherever the complaint was filed. Would it make a difference whether it was filed in district court or state court, in terms of consenting to jurisdiction?

User avatar
dextermorgan
Posts: 1138
Joined: Wed Jul 09, 2008 12:37 am

Re: Waiving Personal Jurisdiction Question

Postby dextermorgan » Sun Dec 09, 2012 9:40 pm

I think either would require a special appearance to avoid consenting to personal jurisdiction.

zomginternets
Posts: 547
Joined: Mon Jan 17, 2011 1:59 pm

Re: Waiving Personal Jurisdiction Question

Postby zomginternets » Mon Dec 10, 2012 4:20 am

Erie doctrine says that federal procedure would apply in federal court in Washington. In federal court, you make a Rule 12(b) pre-answer motion to dismiss if you are challenging personal jdx, and if you don't, you waive your right to challenge personal jurisdiction. So in your hypo, defendant has waived the right by answering.

musicfor18
Posts: 692
Joined: Mon Feb 09, 2009 9:15 pm

Re: Waiving Personal Jurisdiction Question

Postby musicfor18 » Mon Dec 10, 2012 9:08 pm

The FRCP does away with the idea of special appearances in federal courts. Ds can object to PJ and raise any other R. 12 defenses at the same time (in fact, D must raise some of them at the same or they're lost). Raising a 12(b)(6) and PJ objection at the same time doesn't amount to consent to PJ in fed court.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: splitterfromhell and 11 guests