Va Bar- Civil Procedure - Personal Jurisdiction

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Personal jurisdiction

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In Personum Jurisdiction refers to the courts ability to exercise power over a particular D. Under the Federal Rules, a federal court must analyze personal jurisdiction as it if were a court of the state in which it is located.

Whether there is PJ is a two step process:
1. Satisfy VA statute
2. Satisfy constitution

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General PJ

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Traditionally IPJ is based on where the party is domiciled, presence in the state where served, and consent in VA this refers to people who have substantial ties to the Commonwealth.

Substantial ties = (1) people served with process instate (2) residents.

(these people can be sued on a claim that arose anywhere in the world)

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Specific Jurisdiction

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The VA Long Arm Statute provides for specific jurisdiction over non-residents for something he/she has done or an effect caused in VA.

Personal service on ∆ outside the state or on ∆ agent instate is preferred.

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VA Long Arm Statute

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Claim must arise from one of the following:
• Causes tortious injury instate by act or omission instate or out-of-state
• Transacts any business in VA (VA is a "single transaction state")
• Contracts to supply services or things in VA
• Has an interest in, uses or possesses reality in VA
• Causes injury in VA to any person by breach of warranty
• Contracts to insure
• Domestic relations
• Executes an agreement to pay spousal or child support
• Conceived or fathered child in VA
• Incurred liability for taxes, fines, penalties, interests, etc.
• Non-resident motorist Act (NRMA)

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Non-resident motorist Act (NRMA)

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Allows jurisdiction over the owner or operator of a motor vehicle involved in an accident in this commonwealth.

(also long-arm if caused tortious injury by an act or omission in VA)

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Constitutional Standards
Int’l Shoe

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Constitutional Limitations – Contacts and Notice

TEST: Does the ∆ have such minimum contacts with the forum so that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice?

1. Minimum Contacts
2. Relatedness of Claim to Contact
3. Fairness

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Minimum Contacts

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• Purposeful Availment - ∆ must reach out to the forum ( Doing Business, Interactive Website = purposeful availment)

• Foreseeability – foreseeable that ∆ could get sued in VA

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Relatedness of Claim to Contact

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Claim must arise from ∆’s contacts with the forum (must be physical presence)

Specific Jurisdiction – The claim must arise from activity in the state

General Jurisdiction – systematic and continuous activity such that ∆ is essentially at home in the forum.
• Person – essentially at home at domicile
• Business – where formed & PPB

(relatedness always met with long-arm & NRMA)

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Fairness

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Is jurisdiction FAIR under the circumstances?

• Convenience –for witness & parties (forum ok unless severe disadvantage)
• State’s Interest
• Other factors (Such as π’s interest, judicial system's interest in efficiency, state interest in furthering social policies)

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In Rem and Quasi In Rem Cases

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Jurisdiction is not over ∆ herself, but over her property in the forum.

The statutory basis is an attachment statute (allowing the court to attack property claimed by a non-resident).

Constitutionally, the SCT held that in all cases, even IR and QIR, ∆ must satisfy the Int’l Shoe Test

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Subject Matter Jurisdiction
VA

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VA St. Courts can hear any case except for those for which there is exclusive Fed Q Jurisdiction.

Two Basic Trial Courts:
Circuit Court
General District Court

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Circuit Court

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Jurisdiction is statutory and legal (not equity) – “courts not of record” (damages = action at law)
• Exclusive jurisdiction if seeking monetary recovery or claim to specific personal prop of $45000 or less
• No formal pleadings, discovery, or jury.
• No injunctions (except VA Freedom of Information Act)
• May hear actions at law in tort or K or actions in detinue only if ≤ 25K
• May attach personal prop if ≤ 25K
• May hear claims for rent due
• May issue distress warrants regardless of amount
To determine amount in controversy do not include interest or atty’s fees.

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General District Court

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Jurisdiction is statutory and legal (not equity) – “courts not of record” (damages = action at law)
• Exclusive jurisdiction if seeking monetary recovery or claim to specific personal prop of $45000 or less
• No formal pleadings, discovery, or jury.
• No injunctions (except VA Freedom of Information Act)
• May hear actions at law in tort or K or actions in detinue only if ≤ 25K
• May attach personal prop if ≤ 25K
• May hear claims for rent due
• May issue distress warrants regardless of amount
To determine amount in controversy do not include interest or atty’s fees.

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Appeal from GDC to Circuit Court

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Absolute right to appeal final judgments from GDC to Circuit Ct if the amount involved in more than $50 (party is aggrieved by $50)

• Circuit court will hear the case de novo
• If ∆ appeals, π can seek leave to amend and increase his claim greater than $25k – not clear if π can appeal and amend.

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Steps/Timing:
Appeal from GDC to Circuit Court

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1. File written notice of appeal with clerk of GDC w/in 10 days of the judgment
2. Post bond and pay writ tax in GDC w/in 30 days of judgment (10 days if unlawful detainer case)

Seeking rehearing at GDC does not increase these time reqs.

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Venue

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Is the court the proper place to resolve the dispute?

Different analysis for state and federal.

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VA
Category A Venue

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• Local Actions – filed where the land is located
• Wills – where will was probated or where it could have been offered for probate
• Writs – at the place where the proceeding to which the writ relates is located (ex: forcing an officer to perform a ministerial act)

INJUNCTIONS: where the proceeding or judgment is pending/rendered OR where act is to be done/being done/apprehended to be done.

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VA
Category B Venue

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If not Cat A then any of the following OK: Where
• ∆ resides or has her PPB; OR
• the COA arose; OR
• K entered/breached
• ∆ has registered office or agent
• ∆ regularly conducts substantial business act
• if case to recover personal prop → where property is located
• If fiduciary → where fiduciary qualified.
• If out of state ∆, then where π resides.

If okay for 1 ∆ then okay for all ∆s – but if any ∆ is entitled to Cat A venue she can object and case will be transferred there.

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VA
Objection to Venue
(Transfer)

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Timely Objection to Venue must be filed within 21 days after service of process UNLESS the court extends the time to file the pleading.

If granted the court will transfer to a proper venue UNLESS it finds good cause to keep the case.

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VA
Transfer from proper venue

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Court must find good cause to transfer

Factors relevant:
• π’s choice of forum
AGAINST
• Agreement of parties
• Avoidance of substantial inconvenience
• Delay in party’s seeking transfer

Decision is vested in court’s discretion

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VA
Forum Non Conveniens

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Court might dismiss w/out prejudice if:
1. The COA accrued out of state;
2. Brought by a non-resident of VA; AND
3. There is a more convenient venue outside of VA

Court must find:
1. Good cause
2. That other court has jurisdiction

Court may condition dismissal on stated conditions