Also known as:transient presence jurisdictions · transient jurisdiction · presence jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A traditional basis for in personam jurisdiction under which a state court may exercise power over a defendant who is personally served with process while physically present in the forum state, even if the presence is brief and the claim is unrelated to that presence.
Sources & Authorities
How it applies
Common Examples
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Layover Service on Attorney
Tobias Thomas, a New York attorney, was changing planes during a brief layover at a Colorado airport when a process server handed him a complaint alleging malpractice in an Arizona real estate matter. Thomas moved to dismiss the Colorado action for lack of personal jurisdiction, arguing that the claim had no connection to Colorado and that his presence was only transient. The court denied the motion because the valid personal service effected while Thomas was physically inside the state supplied the constitutional basis for jurisdiction regardless of contacts or claim relatedness.
Service During New York Assignment
Thomas Thompson, a partner in a United Kingdom accounting firm, was in New York on a prolonged assignment for an affiliated partnership when he was personally served with a complaint arising from an unrelated audit. Thompson moved to dismiss for lack of personal jurisdiction, contending that his presence was temporary and the claim bore no relation to New York. The court exercised jurisdiction because the personal service while Thompson was physically present in the state provided an independent and sufficient ground under the transient presence doctrine.
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Cases
Casebooks
First American Corp. v. Price Waterhouse LLP154 F.3d 16, 19 (2d Cir. 1998)
Common questions
Frequently Asked
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Does transient presence jurisdiction require the claim to arise from the defendant's activities in the forum?+
No. The doctrine permits jurisdiction even when the claim is entirely unrelated to the defendant's presence or activities in the state. Physical presence at the time of valid personal service alone satisfies due process.
Supporting sources
Does a brief airport layover prevent transient presence jurisdiction?+
No. Courts uphold jurisdiction when the defendant is personally served while physically present during a short layover, provided the presence is voluntary. The brevity of the visit does not defeat the traditional basis.
Supporting sources
Can transient presence jurisdiction apply in family support or parentage proceedings?+
Yes. In proceedings to establish or enforce child support or determine parentage, personal service while the respondent is physically present in the state supplies a statutory and constitutional basis for jurisdiction.
Supporting sources
Does transient presence jurisdiction apply only when the defendant intends to remain in the forum?+
No. The doctrine turns on voluntary physical presence at the moment of service, not on any intent to stay or establish ties. Even a brief family visit or transit stop suffices if service is effected there.
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