Waiving Personal Jurisdiction Question Forum

[zz355]

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!

[dextermorgan]

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

[zz355]

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?

[dextermorgan]

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

[zomginternets]

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]

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.