Minimum contacts are required for a US court to have jurisdiction over someone from a different state. Examples include business negotiations, property ownership, and marriage. The judge considers the quantity and quality of contacts. Documentation such as receipts and contracts can be used as evidence. The criminal court jurisdictional procedure is different.
Minimum contacts are a standard that must be met if a civil court in the United States wishes to exercise jurisdiction over someone from a different state. For the court to have jurisdiction, the person must have had minimal contact in the state where the case is taking place. If this standard is not met, it is considered unfair to try that person and the case venue must be moved. This is designed to prevent cases where people are sued in states they’ve never set foot in.
Minimal contacts establish some degree of connection with the state relevant to the case. Some examples include negotiating business, buying property, incorporating, marrying, or engaging in similar business in a particular state. For example, if someone wants to sue an insurance company in civil litigation, the presence of an office that accepts payments in that person’s state establishes the minimum contacts, allowing the plaintiff to sue in his home state.
In determining whether or not he is competent, the judge takes into account the quantity and quality of contacts. Someone who crosses a state and buys some gas certainly does business, for example, but doesn’t make minimal contacts. If that person was in a car accident, however, that could create minimal contact and grounds for a lawsuit in that state.
Courts can evaluate information from a variety of sources when considering jurisdictional issues. This information must be verifiable. Things that can be used to prove connections can include mail sent to an address in the state and records of transactions that have taken place in the state such as receipts and contracts. Another example of documentation might be something like a brochure that provides state contact information for a business.
If a minimum contact standard has not been established, people may be bringing actions in the courts most convenient for them. Defendants may be forced to travel long distances to respond to lawsuits or may be arraigned in states with different laws. This would put defendants who had no minimal contact in the state in question at a serious disadvantage that could cost them their lawsuit.
The jurisdictional procedure for criminal courts in the United States is different and based on different standards. In cases where people are facing criminal and civil prosecutions for the same case, it is possible that lawsuits may be filed in different places, depending on the nature of the case.
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