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Can a defendant who resides in a state contest personal jurisdiction in cases filed in state court?
Wiki User
∙ 14y ago
No. Residency is one of the fundamental bases of personal jurisdiction. To the extent that it is uncontested, so is jurisdiction.
Wiki User
∙ 14y ago
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What jurisdiction is it when ben sues Fiona?
The jurisdiction would typically be based on where the lawsuit is filed, which is usually in the location where the defendant (Fiona) resides or where the events leading to the lawsuit occurred. This could be in a state, federal, or international court depending on the specific circumstances of the case.
How do you get the paperwork to file a small claim in Arizona?
Contact the justice court in the jurisdiction where the defendant resides. If you are not sure what jurisdiction that is, contact any justice court. They will likely be able to direct you to the correct court.
How can you take someone to small claims court in Las Vegas NV if they live in Woodland Hills CA?
Most small claims courts require you to file where the defendant resides. To find out what the case is in your jurisdiction, contact the clerk of court where you live to see if you can file against an out of state defendant there.
How do you get custody of you child?
You file for it in the jurisdiction where the child legally resides.
Where do you file a restraining order if the person lives in another city?
A petition seeking a restraining order must be filed in the court with appropriate jurisdiction over the parties.In most cases, the defendant must be sued where he/she lives.Another View: Disagree. If the alleged activities are occurring in the jurisdiction where the victim lives, the restraining order must be applied for in the jurisdiction in which the plaintiff resides, and in which the alleged activities are taking place. When granted by the court in the plaintiff's jurisdiction it is enforeceable throughout the state.
What is a forum state?
A forum state is a legal term referring to a state in which a lawsuit is brought or where it is decided. It is also known as the state where a court has jurisdiction over the case based on factors such as where the event occurred or where the defendant resides.
Where do you originate your small claim if you are the plaintiff?
Small claims court in the county where the defendant resides or the county in which the claim arose.
If lien is associated with a judgment against the defendant can it be placed on undeveloped land in another country other than where the defendant resides?
It cannot be re-placed on property that is outside the jusrisdiction of the presiding court.
How do you find out if there is child support order against you?
By contacting the family court with jurisdiction (where the child legally resides).
If a judgment is obtained in Alabama can it be enforced in another state?
Yes it can, because our Constitution requires states to give full faith and credit to acts taken in other states. However, another state does have the right to look into how the judgment was gotten and if it was gotten contrary to the public policy of the other state or illegally, then the other state might refuse to honor it.
Federal courts can hear and decide cases on the basis of?
Simply, if the case arises under federal statute or is a case of constitutional interpretation federal courts will have original jurisdiction.
How do you sue someone in Georgia when you live in Michigan?
LawsuitYou need to find a jurisdiction that will take the case. Consult an attorney and they can tell you what venues would be available. You may have to file the case in Georgia, or in a Federal Court. If the reason for the law suit arose in a certain place, such as an accident, you may have to file at the location of the accident. More Contributor OpinionsThe plaintiff must sue in the defendant in the state court of personal jurisdiction, meaning you sue an individual in the state in which they reside. You cannot sue someone in your state if the person is not a resident of the state, has never been in the state (vehicle accidents do not apply) or does not have or do business in the state.To bring suit in a United States District Court under the federal law on diversity jurisdiction, the amount in controversy must be in excess of $75,000 and there must be grounds pertaining to personal and subject matter jurisdiction. Regardless of the court of venue, all civil judgments must be filed and executed under the laws of the state in which the defendant resides. The exception to that action may be made in specific cases concerning the IRS, and immigration issues.
