Liability Begins With First Obtaining Jurisdiction Over Defendant – FAQ
This article summarizes how courts impose jurisdiction (control) over civil defendants to appear before the court in a civil action and plead their defense to allegations made against them by the plaintiff in a personal injury case.
We will begin with understanding what jurisdiction means and the venue’s strategic role in the process for out-of-state defendants.
Jurisdiction Over Out-of-State Defendants
The Facts
I got into a car accident in the county in which I reside. I was hit from behind while I was stopped at a red light.
I spoke to a lawyer, who told me it was the other driver’s fault. The other driver was driving a truck but lived and worked for a company in another state. I am concerned that I will need to sue the driver in another state and litigate the matter there instead of here in my state.
The lawyer I spoke with thinks we will be able to litigate the case in our state because of jurisdiction and venue issues.
Can You Explain What Jurisdiction and Venue Mean?
A. In personal injury law, the plaintiff, which is you, must file their personal injury case in the proper jurisdiction and within the appropriate venue.
Let me explain what this means in the context of your case.
What Is Personal Jurisdiction Over The Defendant?
A plaintiff must establish personal jurisdiction over the defendant to legally compel the defendant to respond to your lawsuit in your intended state and county.
Personal injury lawsuits must be filed in the county where the injury or accident occurred, where the accident occurred, and where the defendant resides. The location of the court where the lawsuit is filed and the court’s authority to hear the case is referred to as personal jurisdiction.
Sufficient To Establish Personal Jurisdiction
In your case, the defendant is an out-of-state company, and the resident was driving his truck in your state and county when the accident occurred. This is sufficient to establish personal jurisdiction over the truck company and the driver.
Your lawyer can legally compel the company and its truck driver to defend the case in your state and within your county.
How Does Venue Work?
The law defines venue as referring to a proper place in which to file a lawsuit. State courts developed venue rules to protect defendants from having a case filed in a far-away and inconvenient court, such as in another state.
More than one judicial district or county can be the proper venue for a lawsuit.
While you may have established personal jurisdiction over the defendant, the truck driver may claim that the venue is improper in this case.
The public policy in individual injury cases is to give the plaintiff some control in choosing the court where the case will be tried.
Venue Is Proper Under The Following Conditions:
- The defendant resides in the state
- The defendant does business in the state
- The accident took place in the state
Since the accident took place in your county and the truck driver was using the county roads, which was necessary for doing business in your county when the accident occurred, the venue would be considered lawfully proper in your county.
In-State Jurisdiction
Legal Process
Facts
About six months ago, I accidentally hurt a pedestrian while riding my motorcycle. A few days ago, I realized I was being sued for the accident when I received a summons and complaint from a stranger who came to my door and handed me the legal papers.
How Do I Know If I’ve Been Legally Served?
The Legal Process Of Serving A Summons and Complaint
Before a defendant can be legally compelled to respond to a plaintiff’s civil complaint, the defendant must be lawfully served with a summons and complaint.
Should the process of service be later determined by the court to be legally defective, the case will be dismissed, leaving the plaintiff to begin the process all over again.
Service Of Process – State Rules Control
While the specific rules of civil procedure governing the legal requirements vary between states, the intent driving these rules are always identical: To afford the defendant fair and sufficient notice that a legal proceeding has commenced against them and that the defendant is legally compelled to appear and respond to the plaintiff’s allegations.
Due-Process Requirements
The legal requirements of notice and the opportunity for the defendant to be heard are fundamental to our justice system. The plaintiff cannot legally compel a party to appear that has not been lawfully served.
What Are The Legal Requirements for Serving A Defendant?
The Three Lawful Ways To Serve A Defendant:
- Personal service
- Substituted service
- Service by publication.
What Is Personal Service?
Personal Service Is Actual Service
Personal service is made by hand delivery on the defendant and is the most reliable form of proving notice.
Once the person is identified as the person to be served, the papers can be either handed to the person or, if the person refuses to accept them, the complaint and summons can be dropped at the person’s feet.
What Is Substituted Service?
Nail and Mail
The law requires that substituted service be used only after the plaintiff can establish that diligent efforts to effect personal service have failed.
For example, if the defendant cannot be found at home or work, many states allow service to be made by simply leaving the summons and complaint with someone at the defendant’s home. That person, however, must be legally competent to accept service.
The above legal requirement is usually fulfilled if the person resides at the house and is of the age of majority.
Many states also require that the process server attach the summons and complaint to the defendant’s home or business and mail a copy of the papers, usually certified mail, to the defendant’s last known address.
The above method is often called the “nail and mail” service.
What Is Service By Publication?
Also Known As Constructive Service
This method of legal service relies upon the publication of the plaintiff’s notice of their civil action and naming the defendant in a newspaper of sufficient circulation. The courts have strictly construed service of the complaint and summons by the process of newspaper publication.
This is one reason why many states require that the party seeking service by publication must first obtain the court’s approval and demonstrate they have acted with due diligence and that other service methods have failed.
Most states require that legal notice of the action be published in at least one newspaper of general circulation in the defendant’s geographical area.
What is a Summons?
A summons, whether in a personal injury case or any other type of civil case, is a legal document, usually a printed form, to notify the defendant that a civil lawsuit has been filed against them and that the party must timely respond to the attached summons and complaint or risk being in default.
The Summons Usually Contains:
- The case caption
- The name of the court
- The names of the parties
- A case docket number
The Summons usually accompanies the complaint upon service.
What If I Don’t Respond To Being Served?
Being In Default Can Have Serious Consequences
Failure to respond to a lawful and correctly served summons and complaint, such as filing and serving a responsive pleading such as an answer or demurrer, will allow the plaintiff to request the court to have a default judgment entered against the defendant.
However, before the court enters the default, the plaintiff must demonstrate that legal service was legally made upon the defendant, whether by personal service, substituted service, or publication.
Prove-Up Hearing
The plaintiff will then request the court set up a noticed prove-up hearing in which the plaintiff will submit unchallenged evidence substantiating liability and damages. Once the court has entered a default judgment and the plaintiff provides notice of the official entry of judgment, the plaintiff will be able to execute on the judgment.
Defendant’s One Last Chance
The defendant still has the legal right to request the court to set aside the judgment upon a satisfactory showing that the defendant did not respond to the summons and complaint because of defective service or some other justifiable reason, such as excusable neglect or mistake.
Consult A Personal Injury Lawyer
If you have questions or require additional information about your legal rights and obligations, consult with a verified Personal Injury Lawyer as soon as possible.
