Written by attorney Rixon Charles Rafter III

Establishing Personal Jurisdiction in Virginia

Personal Jurisdiction – the basis by which a court has authority to impose decisions on individuals is established in several ways in Virginia.

  1. Statutory Basis of In personam jurisdiction
    1. General Jurisdiction- VA statute allows IPJ over people who are

i. (1) Served here or (2) reside here. Defendants with substantial ties are subject to general personal jurisdiction…sued here for claims anywhere in the world. (3) Consents by entering general appearance.

    1. Specific Jurisdiction

i. (4) VA Long Arm Statute provides for specific jurisdiction where claim arose from defendant’s

  1. Causes tortuous injury in VA by act or omission instate

  2. Causes tortuous injury instate by act/omission outstate

  3. Contracts to supply services or goods in VA

  4. Interest use or possession of property in VA (no need to own)

  5. Transacts any business in VA (single transaction state)

  6. Causing injury in VA by breach of warranty where sale was out of state

  7. Non-resident motorist statute- P could get D by this or by LAS.

  8. Domestic Relations- matrimonial domicile in VA

  9. Contracting to insure instate

  10. Owing fines or taxes in VA

  11. Constitutional Basis of Establishing Jurisdiction- is established by showing the defendant has

    1. Minimum Contacts-

i. Purposeful availment- Defendant must reach out to the state

ii. Foreseeablity- D could foresee that he could be sued in Virginia

    1. Fair Play and substantial Justice

i. Relatedness between the contact and the forum- does claim arise for the contact (not required if Defendant has substantial ties)

ii. Convenience – of the parties

iii. States Interests- e.g. provide forum for citizens

Notice- is accomplished by by any traditional means

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer