Personal JX

Question 1

What laws govern PJ in SMJ?

Answer 1

State laws + Due process considerations of the C.

Question 2

What is in personam JX?

Answer 2

Courts power to impose obligation, even seize all assets, over individual party, entitled to FFC.

Question 3

What is rule 4K1A?

Answer 3

Service of summons in a federal action establishes PJ if the service is over a defendant who is:

1. Subject to the PJ of the court with general jx in the state where the district court is located
2. Federal courts will look to state JX statutes to determine general JX.

Question 4

What are the three non-summons way to get PJ?

Answer 4

1. Nationwide JX – normally courts don’t have this except for federal statutory interpleader actions
2. Bulge provision – 4K1B – Only for third-party Ds or Rule 19 joinder – 100 mile radius from where summons was issued
3. Rule 4K2 – For non-US residents who have some contact with states, but no state in particular, under the following three conditions (i) Ps claim must be based on federal law (ii) No state court has PJ (iii) D must have minimum contacts as per C.

Question 5

What are the Due Process limitations on PJ?

Answer 5

Minimum contacts with forum state + fair and reasonable + notice + opportunity to be heard

Question 6

May a party consent/waiver/object to PJ?

Answer 6

Yes, unlike SMJ, consent may be express, implied or voluntary.

For an objection, unlike SMJ which is by whoever and whenever, a party must object in responsive pleading or by motion before responsive pleading (Rule 12).

Question 7

What are the 3 bases for In Personam JX

Answer 7

1. Voluntary presence – If a D is voluntary present and served with process while there, unless fraudulent or passing through for other proceedings
2. Domicile – If authorized by statute, even if party is absent – look to Domicile (capacity + presence + intent)
3. Consent – Rule 12(b), not objecting through responsive pleading/motion is considered consent.