A motion to dismiss for lack of personal jurisdiction is a legal document filed by the defendant in a lawsuit where they argue that the court does not have the authority to hear the case due to the lack of jurisdiction over the defendant's person. This type of motion is often used when the defendant believes that they do not have sufficient contact with the jurisdiction where the lawsuit was filed. In such a motion, the defendant outlines their arguments explaining why the court lacks personal jurisdiction over them. They may assert that they do not reside in or have any business operations within the jurisdiction, that they did not consent to the court's jurisdiction, or that they lack minimum contacts with the jurisdiction as required by law. There are several types of motions to dismiss for lack of personal jurisdiction. These include: 1. General Motion to Dismiss for Lack of Personal Jurisdiction: This is the basic type of motion where the defendant argues that the court does not have the power to hear the case due to the lack of personal jurisdiction. 2. Restricted Jurisdiction Motion to Dismiss: This type of motion is filed when the defendant believes that the court only has limited jurisdiction over them. They argue that the court can only hear the case if it falls within specific circumstances, such as involving property located within the jurisdiction or actions committed within the jurisdiction. 3. Long-Arm Statute Motion to Dismiss: In this type of motion, the defendant challenges the court's jurisdiction based on the applicable long-arm statute. The defendant claims that their contacts with the jurisdiction are not sufficient to meet the requirements established by the long-arm statute for asserting personal jurisdiction over them. 4. Forum Non-Convenient Motion to Dismiss: Although not strictly a motion to dismiss for lack of personal jurisdiction, this motion is often filed alongside a lack of personal jurisdiction argument. Here, the defendant asserts that even if the court does have personal jurisdiction, it would be more convenient and fair for the case to be heard in a different jurisdiction due to various factors like witness locations, availability of evidence, or public interest. In conclusion, a motion to dismiss for lack of personal jurisdiction is a legal document filed by a defendant to challenge the court's authority over their person in a lawsuit. Various types of such motions exist, including general lack of personal jurisdiction arguments, restricted jurisdiction arguments, long-arm statute challenges, and forum non-convenient motions.
Example Motion To Dismiss For Lack Of Personal Jurisdiction
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WHAT IS JURISDICTION OVER THE SUBJECT MATTER? > Power to hear and decide cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers .
The defense of lack of personal jurisdiction must be raised in the defendant's first response to the complaint?either a pre-answer motion to dismiss or an answer?or it is waived. FRCP 12(b)(2).
The court does not have jurisdiction over the parties or the subject matter of the case. The venue, or location where the lawsuit was filed, is not proper. The complaint was not served on the defendant properly. The plaintiff failed to name a necessary party in the complaint, or named the wrong party.
For example, Congress limited the subject-matter jurisdiction of the United States Tax Court to cases related to taxation; thus, that court does not have subject-matter jurisdiction over any other matter. Most state courts are courts of general jurisdiction, whereas federal courts have limited jurisdiction.
FRCP Rule 12: All 7 sub-sections of 12(b) may be used as grounds for a motion for dismissal. These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction.
