personal jurisdiction
Personal jurisdiction refers to the court’s authority to issue a decision regarding the party being sued in a case. A court lacks the power to enter a valid judgment against a defendant unless the defendant is properly subject to the court’s personal jurisdiction at the time the lawsuit is filed.
Historically, personal jurisdiction doctrine was governed by Pennoyer v. Neff, 95 U.S. 714 (1877), which tied a state’s judicial authority to its territorial sovereignty. Under Pennoyer, a court could exercise personal jurisdiction if the defendant was personally served while physically present in the forum, the defendant was domiciled in the forum, the defendant consented or voluntarily appeared, or the defendant had property in the state that was attached at the outset of the litigation.
Modern doctrine on personal jurisdiction developed with International Shoe Co. v. Washington, 326 U.S. 310 (1945). This case did not overrule Pennoyer, but rather, shifted the focus from strict territorial presence to the defendant’s relationship with the forum. Due process of the U.S. Constitution requires that the party has minimum contacts with the forum such that maintaining the suit does not offend traditional notions of fair play and substantial justice.
Personal jurisdiction can generally be waived, unlike subject matter jurisdiction. A defendant may challenge personal jurisdiction by objecting to the court’s authority over them in a timely manner. If the party being sued appears in a court without objecting to the court's lack of personal jurisdiction over them, then the court will assume that the defendant is waiving any challenge to personal jurisdiction. See: Federal Rule of Civil Procedure 12(b)(2).
[Last reviewed in January of 2026 by the Wex Definitions Team]
Keywords
- jurisdiction
- civil procedure
- Federal Rules of Civil Procedure
- SERVICE OF PROCESS
- subject matter jurisdiction
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