Also known as:tag jurisdictions · transient jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A basis for in personam jurisdiction that permits a court to exercise authority over an individual who is personally served with process while physically present in the forum state. The defendant's presence may be brief and the underlying claim may have no connection to the forum.
Sources & Authorities
How it applies
Common Examples
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Service During Airport Layover
Tanya Tang, domiciled in State L, managed client portfolios exclusively from her State L office. A former client filed suit against her in State M court alleging mismanagement of a portfolio held entirely in State L. While Tanya was changing planes during a brief layover in State M, a process server personally handed her the summons and complaint. The State M court may exercise personal jurisdiction over Tanya because she was personally served while physically present in the forum.
Service During Business Visit
Titan Industries sued Thaddeus Tran, a partner in a foreign accounting firm, in New York federal court for claims arising from an audit performed entirely abroad. Thaddeus was in New York on a prolonged assignment for an affiliated firm when he was personally served with process. The court may exercise personal jurisdiction over Thaddeus because he was personally served while physically present in the forum even though the claim bore no relation to his New York activities.
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Cases
Casebooks
Course Outlines
Study Supplements
First American Corp. v. Price Waterhouse LLP154 F.3d 16, 19 (2d Cir. 1998)
Common questions
Frequently Asked
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Does tag jurisdiction require the claim to arise from the defendant's presence in the forum?+
No. Tag jurisdiction permits a court to exercise personal jurisdiction over a defendant who is personally served while physically present in the forum even when the claim is unrelated to that presence and even when the presence is brief.
Supporting sources
Is tag jurisdiction limited to claims involving family-law matters such as divorce or support?+
No. Although tag jurisdiction has been applied in family-law cases, the doctrine is a general basis for in personam jurisdiction that applies to any civil claim when the defendant is personally served while physically present in the forum.
Supporting sources
Does a defendant's brief transit through the forum, such as an airport layover, defeat tag jurisdiction?+
No. Courts have upheld tag jurisdiction when the defendant was personally served during a brief layover or rest stop, provided the presence was voluntary and service was properly effected.
Supporting sources
Must a long-arm statute authorize tag jurisdiction, or does it exist independently?+
Tag jurisdiction may exist as part of a court's common-law authority and does not always require an authorizing long-arm statute, although many states still require compliance with their own procedural rules for service.
Supporting sources
495 U.S. 604, 618, 110 S.Ct. 2105, 109 L.Ed.2d 631 (1990)Conflict of Laws
…a defendant who was personally served while physically present in the forum state. The California courts applied the so-called "transient jurisdiction" rule, which permits the exercise of jurisdiction over a nonresident who is served with process while voluntarily present in the state, even if the suit is unrelated to the defendant's…
Civil ProcedureJurisdiction and venue · Personal jurisdictionNEXTGENFoundational