Civil Procedure I

Served in State

Serving notice of suit in the forum state gives personal jurisdiction over the defendant. Burnham.

Exceptions:

  • Cannot use served in forum state on a company, as they can only be served in their domicile.
  • Can't serve someone who's tricked into the state
  • Judicial Process Exemption – Can't serve someone who's travelling to state just to attend court

Other controls or limits:

  1. You must serve them within 90 days of filing the complaint in that state.

  2. Class 13 allows:

    1. Federal court to transfer case to another state
    2. State courts have authority to dismiss a case that is too inconvenient; thus, rare for a case to be heard in a state where it is unfair.