Pennoyer v. Neff- Old basis for Personal Jurisdiction
1) In Personam-
a. (D) is state resident
b. May serve a non state resident in state
c. May Consent to Service
d. In some cases an agent of the D may be served
2) In Rem- The property is subject of the litigation
a. When (D) owns property within the state
b. Property must be attached before the case
c. Must give the owner constructive notice
3) Quasi In Rem- The property is not the subject of the litigation
a. Same procedure as regular In Rem
4) Service by publication is no good – (church news letter) – Service directly to person or agent within the state.
5) Full faith in Credit Clause
a. States must recognize the judicial decisions, licenses and other decisions made by other states provided they comply with Due Process of the Constitution
6) Due Process Clause-
a. States exercise of Personal Jurisdiction is strictly regulated by the constitution
7) Collateral Attack-
a. If you believe that another state may be having proceedings without personal jurisdiction, you may not respond to the complaint, giving the (P) a default judgment. When the foreign state petitions your state to execute (writ of execution) the judgment you may collaterally attack the judgment.
i. You better be SURE that they did not have jurisdiction.
b. (Other responses to a judgment without jurisdiction)
i. Special Appearance
ii. Register a challenge in a pre-answer motion or answer to the complaint. 12h & 12b- must be done in a timely fashion to preserve your objection. (See pg. 70-74) challenge and waiver.
12 b 2-5 will be waived if they do not appear in either a responsive pleading, motion or an amendment or are not in consolidated motions.
12 b 6 & 7 can be made either in trial or during pleadings
12 b 1 can be made any time.