Civil Procedure I

Domicile

Domicile has two requirements:

  1. Physical presence
  2. Intent to remain indefinitely
    • A combined objective and subjective test

Hawkins v. Masters Farms, Inc.

Domicile is fixed until a new domicile is established. Hanewinkle.

Sub-rules:

For a company, their domicile is their place of incorporation and their principal place of business.

Principal Place of Business

Principal place of business refers to where the corporation's high level officers direct, control, and coordinate the corporation's activities.

It is referred to as the "nerve center."

It is usually the corporation's headquarters.

Hertz.

Unincorporated associations or partnerships are domiciled where each member is domiciled.