Friday, May 14, 2010

If a civil case uses a long-arm statute, does the complaint have to mention it?

Or can a long-arm statute be used implicitly, without even any mention of jurisdiction in the complaint?If a civil case uses a long-arm statute, does the complaint have to mention it?
You will have to justify bringing the action in a particular jurisdiction. If you live in County A and the defendant lives in county B you have to state that the contract or action took place in county A.


The courts have ruled that almost any contact between a defendant and your jurisdiction makes him accountable in that venue.


Even sending an email to you is enough.


If different States are involved you will have to serve the secretary of State, in your state who will, in turn, serve the Secretary of State in his State and they will serve the defendant.


I recently brought suit, in the District Court in Michigan, against a Company in California. I was able to serve the complaint by registered mail and bring the proof of service to the District court.


The service was valid and the defendant had to get ( and pay) a Michigan attorney to defend him in Michigan.


I had a solid case so they settled before trial.If a civil case uses a long-arm statute, does the complaint have to mention it?
You're right! I did seem to contradict myself.


What I should have said is that in Small claims or district court you can serve by mail.


In higher courts such as Circuit courts you have to go through the secretary of State, at least in my State.

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the complaint should mention it.
ANY case that goes to a court should mention why that court was chosen: namely, it has jurisdiction in the mattter.

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