Long arm jurisdiction
Encyclopedia
In United States
jurisprudence, long arm jurisdiction is a statutory
grant of jurisdiction to local court
s over foreign ("foreign" meaning out-of-state) defendant
s. A state's ability to confer jurisdiction is limited by the Constitution
. This jurisdiction permits a court
to hear a case against a defendant
and enter a binding judgment against a defendant residing outside the state's jurisdiction. That is, without a long arm statute, a state's court may not have personal jurisdiction over a particular defendant.
Generally, the authority of a court
to exercise long arm jurisdiction must be based upon some action of the defendant
which subjects him or her to the jurisdiction
of the court
. In the United States
, some states long arm statutes refer to specific acts, for example tort
s or contract
cases, which a court may entertain. Other states, like California
, broadly grant jurisdiction "on any basis not inconsistent with the Constitution of this state or the United States."
The use of a long arm statute is usually constitutional where the defendant has certain minimum contacts with the forum state and there has been reasonable notice
of the action against him or her.
Since the 1960s, several states have enacted one of the two types of long arm statutes:(a) the first type enumerates fact situations that submit an individual/corporation to the forum's jurisdiction; (b) the second type extends the forum's jurisdiction to the extent of the constitutional limitations (of the 14th am.)
Wisconsin Statutes § 801.05 (specific acts)
N.J. Court Rule 4:4-4
New Jersey's equivalent of a "long-arm statute". Not actually a statute, but a state court rule.
Like California, New Jersey permits personal jurisdiction over non-resident defendants up to the Constitutional limits of due process.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurisprudence, long arm jurisdiction is a statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
grant of jurisdiction to local court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s over foreign ("foreign" meaning out-of-state) defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s. A state's ability to confer jurisdiction is limited by the Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
. This jurisdiction permits a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
to hear a case against a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
and enter a binding judgment against a defendant residing outside the state's jurisdiction. That is, without a long arm statute, a state's court may not have personal jurisdiction over a particular defendant.
Generally, the authority of a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
to exercise long arm jurisdiction must be based upon some action of the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
which subjects him or her to the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, some states long arm statutes refer to specific acts, for example tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s or contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
cases, which a court may entertain. Other states, like California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, broadly grant jurisdiction "on any basis not inconsistent with the Constitution of this state or the United States."
The use of a long arm statute is usually constitutional where the defendant has certain minimum contacts with the forum state and there has been reasonable notice
Notice
Notice is the legal concept in which a party is made aware of a legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
of the action against him or her.
Since the 1960s, several states have enacted one of the two types of long arm statutes:(a) the first type enumerates fact situations that submit an individual/corporation to the forum's jurisdiction; (b) the second type extends the forum's jurisdiction to the extent of the constitutional limitations (of the 14th am.)
Examples
California Code of Civil Procedure § 410.10 (as broad as the Constitution)Wisconsin Statutes § 801.05 (specific acts)
N.J. Court Rule 4:4-4
New Jersey's equivalent of a "long-arm statute". Not actually a statute, but a state court rule.
Like California, New Jersey permits personal jurisdiction over non-resident defendants up to the Constitutional limits of due process.