Legal Question in Personal Injury in California
Jurisdiction of law suits when partys are in differnet states
What happens when a party in one state sues a party in another state? Would the defendant have to travel to the state he is being sewed in. Is this different for businesses as opposed to consumers?
1 Answer from Attorneys
Suits in other states
Your question is a procedural one, which also touches on an area called "Choice of Law." Situations like the one you describe are quite common, and the result will depend on a variety of factors too numerous to list here. Also, different states have different rules for making such decisions. Because you do not provide any specifics about the case you have in mind, I can't really offer much guidance as to the likely outcome.
A few points are worth mentioning. Just because a defendant is sued in a given state doesn't mean the court will have jurisdiction over him (or her); the suit may not be able to proceed in such a situation. Also, even if the court has jurisdiction, it may wind up applying the law of a different state (or even a foreign country) if the particulars of the case so warrant. It sounds strange, but it happens all the time.
Feel free to contact me with more specifics if you like.