Personal Jurisdiction and Notice to the Defendant Flashcards
TX district courts have exclusive jurisdiction over what 6 types of cases?
Slander or defamation (Including libel) Adjudicate title to land Enforce liens on land Election contests Disbar an attorney Residual
What are the adequate grounds for personal jurisdiction (over a D)?
Physical presence and service in state;
D resides in state;
D consents to state’s exercise of PJ;
D has minimum contacts with state
What are three elements of minimum contacts?
- Non-resident D or foreign corp must PURPOSELY do some act or commit some transaction in TX;
- Cause of action arose from or is connected with act or transaction; and
- Assumption of TX jurisdiction doesn’t offend traditional notions of fair play and substantial justice
What is and what is the purpose of “service of process:?
Service of process is the citation and petition. It must be served to D to compel an answer.
How can the D receive service of process?
By personal delivery or by mail.
A corp can receive service through a registered agent, corp’s president, or any VP. Foreign corps without a registered agent can be served by P serving the TX Secretary of State.
What happens if the P cannot successfully serve service of process to D?
P can file a motion with an affidavit stating D’s residence/business and evidence that service has been attempted but unsuccessful.
Court can authorize service by leaving a copy of service with anyone over 16 at the age specified in the affidavit
What is citation by publication?
It is when a party swears that he is unable to locate D or his residence and other means of service has mailed. Basically, homeboy asks the clerk of court to issue service by publication.
To service D under TX long-arm statute, what must P affirmatively allege in his petition?
- D is a non-resident of TX
- D has no regular place of business/person in charge in TX
- D has no registered agent for service of process in TX
- D has been doing business in TX (contract by mail, performed a tort, etc.)
What must P do under the TX long-arm statute to establish service of process?
P should obtain a certificate of service from Secretary of State showing the date it received process, date process was forwarded to D, + date the Secretary of State received the receipt.
Does filing a petition toll the statute of limitations?
Generally yes. P also must use actual diligence in procuring the issuance and service of citation. Significant delays could preclude the claim.
What is the basic requirement for proof of service?
If service delivered to D in-person: return must be endorsed on or attached to the citation. It must state the time and matter of service and have server’s signature.
If service delivered by mail: return is the same as above + return-receipt signed by addressee
