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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Huggins v. Boyd, Georgia Court of Appeals 2010 (304 Ga. App. 563) In this case involving a permanent protective order prohibiting Jonathan Huggins from stalking Karen Boyd, Huggins appealed the trial court's denial of his motion to set aside the order, arguing that the trial court had no personal jurisdiction over him. Because it was undisputed ...
Personal jurisdiction is largely a constitutional requirement, though also shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory. It is possible for either venue or personal jurisdiction to preclude a court from hearing a case. Consider these examples:
Typically that means a child of the defendant, even if the child is only visiting his or her parents’ house, can accept service of process. [1] [6] However, service on the receptionist at the former dwelling place of the defendant was not sufficient for personal jurisdiction. [7]
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
The first form of service which must be attempted is personal (or "actual" service). There is no immunity from service for a person who is only in Virginia to appear in a civil case. Such immunity does attach if the person is only in Virginia to appear as a witness before a grand jury or in a criminal case, although a court may strip such ...
Pennoyer v. Neff, 95 U.S. 714 (1878) was a decision by the Supreme Court of the United States in which the Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state.
Within the American state court systems, jurisdiction in rem may refer to the power the state court may exercise over real property or personal property or a person's marital status. State courts have the power to determine legal ownership of any real or personal property within the state's boundaries.