Civil Procedure I
Consent is a basis for personal jurisdiction. National Equipment Rental.
Can be gained:
By Appointing an Agent
- Appointment of an in-state agent to accept service
- Only applies to state where the claim arose
- By Appearing in Court
Can also be implied:
By operation of law
- Motorist laws, dangerous activities, and sales of securities
By failure to object
- See Rule 12(h)(1)
- Plaintiffs filing suit waive personal jurisdiction over counterclaims
- Defendants filing counterclaims waive personal jurisdiction over suit
- Can be viewed as consent or waiver.