Written by attorneys · grounded in primary & secondary sources — see below
A basis for personal jurisdiction that permits a court to exercise in personam authority over a defendant who is personally served with process while physically present in the forum state. The doctrine applies even when the defendant's presence is brief and the underlying claim bears no relation to that presence. Due process is satisfied by the traditional territorial principle that physical presence at the time of service supplies adequate notice and subjects the defendant to the forum's judicial power.
Sources & Authorities
How it applies
Common Examples
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Layover Service on Investment Advisor
Alex, an investment advisor domiciled in State L, manages client portfolios exclusively from his State L office. While changing planes during a brief layover in a State M airport, Alex is personally handed a State M summons and complaint in a suit alleging mismanagement of a portfolio held entirely in State L. The State M court exercises personal jurisdiction over Alex because the service occurred while he was physically present in the state, even though the claim is unrelated to the layover.
Service During New York Assignment
Mr. Newton, a member of the PW-UK partnership, is seconded to a prolonged assignment in New York for an affiliated partnership. While working on that assignment, Newton is personally served with process in a New York action brought by First American Corp. The Second Circuit upholds jurisdiction over PW-UK on the basis of Newton's in-state service, treating the prolonged presence as sufficient to support transient jurisdiction even though the underlying dispute involves foreign entities and events.
Select any source to read its text and confirm it supports the definition.
Cases
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 transient jurisdiction require the claim to arise from the defendant's in-state activities?+
No. The doctrine permits jurisdiction even when the cause of action is unrelated to the defendant's presence. Personal service while the defendant is physically present supplies the constitutional basis without any additional nexus requirement.
Supporting sources
Is brief or fortuitous presence enough for transient jurisdiction?+
Yes. Courts uphold jurisdiction when the defendant is personally served during a short layover, rest stop, or family visit. The brevity of the stay does not defeat the traditional basis supplied by physical presence and valid service.
Supporting sources
Does transient jurisdiction apply in family-support proceedings?+
Yes. Under UIFSA, a tribunal may exercise personal jurisdiction over a nonresident who is personally served while physically present in the state in a proceeding to establish or enforce a support order or determine parentage. The same transient basis recognized in general civil cases applies.
Supporting sources
Can a defendant avoid transient jurisdiction by claiming the visit was involuntary or for transit only?+
No. Courts treat presence as voluntary when the defendant chooses a flight itinerary or route that brings the defendant into the state. A layover or brief stop during travel satisfies the physical-presence requirement 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