Long arm statutes allow courts to have jurisdiction over individuals and corporations in other states if their connections are substantial enough. Courts must serve adequate notice and individuals can argue for deferments. Consult an attorney if unsure about jurisdiction.
In the United States legal system, a long arm statute is a statute that allows a court to exercise jurisdiction over individuals and corporations in other states. Jurisdiction is normally limited, for a variety of reasons, but when connections to another state are substantial enough, that state’s courts may use a long-arm statute to justify hearing a case in their jurisdiction. Many states have reciprocal laws of this nature extending long arm statutes out of courtesy to other states.
There are several ways in which jurisdiction is limited. In the case of a long-arm statute, the law in question is the law that limits personal jurisdiction, determining where people can be tried based on their residence and connections. Normally, a court in, say, Illinois cannot hear a case involving someone who is a resident of Texas. This would be considered a “hostile” lawsuit, as the defendant would be forced to travel to Illinois to appear in court.
However, if the Texas resident has sufficient connections to Illinois, an Illinois court could use a long arm statute to argue that it can hear the case and that it is no longer hostile because of the defendant’s connections. For example, if the Texas resident was involved in an accident or other incident in Illinois, spends some time in that state, or does business in Illinois on a regular basis, these connections would be considered sufficient to warrant being brought before to an Illinois Court. Similarly, if a business in Arkansas had a branch in Georgia or shipped products to Georgia, it could be taken to court in Georgia.
If a case is subject to long-arm jurisdiction, the court is required to serve adequate notice so that the subject of a lawsuit has time to prepare. It is also recognized that traveling to a trial can be a challenge, and people may be able to argue for deferments and other measures as they make arrangements to appear in court.
When individuals and businesses receive subpoenas from courts they believe should not have jurisdiction over them, an attorney should be consulted. The attorney can review the facts of the matter to determine whether or not a long arm statute is involved and can provide assistance answering the case, including finding an attorney who is admitted to practice before the bar in the state in question. on which the cause is based.
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