Court jurisdiction

Asked over 1 year ago - San Francisco, CA

Can you retroactively consent to personal jurisdiction of court? eg: Civil case went into default against Def. rewarding petitioner cash award in 2010. as Def., out of state, never consented to jurisdiction, case could be "void".
If Def. were to personally appear at a hearin in 2011, could the court say he consented to jurisdiction for the 2010 suit?

Attorney answers (2)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Appearing at a court hearing could be considered consenting to jurisdiction. Some appearances however, such as to challenge jurisdiction or quash service, do not constitute a general appearance. So it depends on what the appearance in court is for.

  2. Malosack Berjis

    Contributor Level 20

    Answered . It depends on whether such an appearance is considered a "general appearance" (e.g., showing up to answer the complaint) or a "special appearance" (e.g., showing up to contest personal jurisdiction over you). While a general appearance is like consenting to jurisdiction--that is, it allows the court to justifiably exercise personal jurisdiction over you--a special appearance does not give the court such jurisdiction (because you are only there for the limited reason of contesting the court's exercise of jurisdiction over you).

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