Legal Question in Civil Litigation in Utah

Personal Jurisdiction

Assume that parties from different states entered into a contract. What aspects of the relationship would be most important in determining personal jurisdiction over an out-of-state party if a lawsuit was filed claiming breach of contract?

Thanks,

Kevin


Asked on 7/09/02, 12:13 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Personal Jurisdiction

1. Whether the contract between the parties specifies jurisdiction.

2. The physical location where the contract was signed.

3. The physical location where the contract was to be performed, or where the majority of the work was to be performed.

Example, if you went to WY and signed a contract there for the other party ("S") to build for you some equiptment, then WY would be the preferred state. If you went to WY and signed a contract whereby you built equipment for "S" in Utah, then either state could have jurisdiction.

If the amount in controversy is greater than $75,000, and both parties reside in differet states, you can elect to file suit in Federal court in either state.

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Answered on 7/10/02, 9:38 am


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