Motion to Dismiss for Lack of Personal Jurisdiction

When the lack of personal jurisdiction is used

Timing: before or in the first response. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• A motion asserting a Rule 12(b) defense must be made before pleading if a responsive pleading is allowed.
• This defense is waived if it is omitted from a Rule 12 motion in the circumstances described in Rule 12(g)(2), or if it is neither raised by motion nor included in a responsive pleading or an amendment allowed by Rule 15(a)(1) as a matter of course (Rule 12(h)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 12(b)(2) online. Also, the federal judiciary publishes the current rules and recent amendments.

The lack of personal jurisdiction in state court

This page covers the federal version. In state court, the lack of personal jurisdiction may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Jurisdiction: a court's power to hear a case and make binding decisions.
• Personal jurisdiction: a court's authority over a particular defendant.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Dismiss for Improper Venue: a motion arguing the case was filed in the wrong district or division.
• Motion to Dismiss for Failure to State a Claim: a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.