Also known as: habitants · habitant · residence · domicile
Written by attorneys · grounded in primary & secondary sources — see below
A person's place of residence or domicile.
Hana Hashimoto files a diversity suit in federal court against a foreign defendant on Monday. On Tuesday she moves to a new apartment in the same state. The court retains jurisdiction because habitancy is fixed at filing and later moves do not divest it.
Hamid Hassan, a permanent resident domiciled in the same state as the plaintiff, sues under 28 U.S.C. § 1332(a)(2). The district court dismisses for lack of jurisdiction because the parties share the same state of habitancy.
Hazel Hoffman contracts to sell equipment to a buyer. She has no place of business, so the buyer must pick up the goods at her home under the habitancy rule for delivery location.
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Hiroshi Hasegawa seeks to modify a child-support order in State A. Because State A remains the residence of the obligor at the time of filing, the tribunal exercises continuing exclusive jurisdiction over the modification request.
Hannah Hughes is charged with kidnapping after forcibly taking a victim from the victim's apartment building. The prosecution establishes the removal element by proving the victim was taken from his place of habitancy.
Holly Hayes is sued in federal court. Venue lies in the district where she is domiciled because that district constitutes her judicial habitancy under the venue statute.
No. Habitancy is measured at the moment suit is instituted. Later moves do not destroy jurisdiction that attached when the complaint was filed.
Alienage jurisdiction is unavailable when the permanent-resident defendant is domiciled in the same state as the plaintiff. The statute treats that shared habitancy as destroying the required diversity.
Delivery occurs at the seller's residence. That location supplies the default habitancy rule for tender of goods under the UCC.
The issuing state retains jurisdiction when it is the residence of the obligor, obligee, or child at the time a modification request is filed.
Unlawful removal from the victim's place of residence or business satisfies the asportation element. The statute expressly references the victim's habitancy as a protected location.
A natural person resides in the judicial district of her domicile. That district is treated as her habitancy for all venue determinations.
…their own State and become citizens of another might avail themselves of the federal rule.[^maj-19] And, without even change of residence, a corporate citizen of the State could avail itself of the federal rule by re-incorporating under the laws of another State, as was done in the Taxicab case. The injustice and confusion…