USA Law and Practice Contributed by: Courtney Scobie and Jack Edwards, Ajamie LLP
Torts Claims for various torts have distinct statute of limita- tions, which typically range from one to three years. The statute is typically triggered on the date the tort occurs. 3.3 Jurisdictional Requirements for a Defendant Personal jurisdiction is the authority of a court to exer- cise legal power over an individual or entity. In the USA, personal jurisdiction is governed by constitu- tional principles of due process, as well as various federal and state statutes that incorporate these prin- ciples. There are two main types of personal jurisdic- tion: specific and general. Specific Personal Jurisdiction Specific personal jurisdiction allows a court to hear a claim against a defendant when the defendant’s con- tacts with the forum state are directly related to the specific claims at issue in the lawsuit. To establish specific personal jurisdiction, the following require- ments must be met. • Minimum contacts – the defendant must have sufficient minimum contacts with the forum state. These contacts may include conducting business, causing harm or entering into contracts within that state. • Relatedness – the plaintiff’s claims must arise from or relate to the defendant’s contact with the forum state. • Fairness and due process – the exercise of jurisdic- tion must be consistent with principles of fairness and due process, such that it is reasonable and fair to subject the defendant to litigation in the forum state. General Personal Jurisdiction General personal jurisdiction allows a court to hear any type of claim against a defendant, even if the claim is unrelated to the defendant’s activity in the forum state. To establish general personal jurisdiction, the requirements are more stringent, as follows. • Domicile or continuous presence – the defendant must either be a resident of the forum state or have such continuous and systematic contacts with the
state that it is essentially their “home away from home”. • Substantial connections – the defendant’s connec- tions with the forum state must be substantial and ongoing, beyond ordinary business transactions or occasional visits. • Fairness and due process – general jurisdiction requires a greater showing of fairness and due process than specific jurisdiction, such that the defendant’s presence in the forum state is so continuous that it is fair to subject them to lawsuits there on unrelated matters. 3.4 Initial Complaint The initial document filed to initiate a lawsuit in fed- eral court is called a “complaint”. The complaint is the plaintiff’s formal statement of their claims against the defendant. It outlines the factual allegations, legal claims, and relief sought. A party is typically permitted to amend the complaint after it has been filed. A party might do so in order to correct errors, add new parties or claims, or clarify its existing claims. Federal Rule of Civil Procedure (FRCP) 15 governs the process of amending pleadings. Under FRCP 15 (a), a party can amend a pleading once as a matter of course within 21 days following either service of the complaint or service of a responsive pleading (such as an answer) or a motion under FRCP 12. After this initial period, a party may amend a pleading only with the opposing party’s written consent or the court’s permission, which should be freely given when justice so requires. Amendment is generally prohibited when it would be futile, cause undue delay, or prejudice the opposing party. 3.5 Rules of Service Service of process formally notifies a defendant that they have been sued. It is a critical step in a lawsuit. The rules for service of process are found in FRCP 4. Service of process must generally be carried out either by an adult who is not a party to the case or by a US marshal or a deputy marshal. In some cases, the court may authorise alternative methods of service. The key documents to serve on the defendant are the
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