Civil Procedure

Civil Procedure Flowchart

Choosing a Proper Court: The Three Rings

1. Personal Jurisdiction

A. There must be either a statute (usually long-arm statute) or rule enabling the

court to exercise jurisdiction

B. The exercise of personal jurisdiction must be within constitutional limits

i. Domicile: where a person plans to stay indefinitely

ii. Consent: inferred if objections waived

iii. Presence

iv. Personal service within jurisdiction

v. Minimum contacts

a. substantial/pervasive: general jurisdiction

b. single or continuous but limited: specific jurisdiction

c. no contacts or casual/isolated: no jurisdiction

d. purposeful availment (stream of commerce)

C. If jurisdiction enabled and constitutional, there must be no special

circumstances (extreme inconvenience to , lack of state interest in enforcing)

to merit denial of jurisdiction

D. Personal jurisdiction may be challenged

i. Common law, special appearance rule: can only make appearance to

object to jurisdiction; objection is waived if any issues are raised on the

merits

ii. FRCP 12: objections to personal jurisdiction can be raised with other

objections; objection is waived if not raised before