Legal Question in Civil Litigation in California
Jurisdiction
If a named defendant has not filed an answer but agrees to a settlement, has the defendant availed him/herself to jurisdication?
1 Answer from Attorneys
Re: Jurisdiction
The defnednat has not submitted to the jurisdiction of the court. Generally settlement negotiations are not admissable in court to prove liability or other facts that must be proved. If a settlement agreement is reached and signed by the parties there are two possible courses of action. The parties can agree that the agreement becomes a court order or the case can be continued for a period of time to allow the defendant to perform the conditions of the settlement. Usually if the settlement ivolves the payment of money the court will allow the case to be inactive for a period of time to allow the payment to be completed. If the agreement is to be made a judgment then the defendant's signature should be notarized and should state that the defendant is submitting to the jurisdiction for the sole purpose of completing this agreement and that is the agreement is not made a court order he can raise any objection to jurisdiction available if he had not attempted to settle the case.