What constitutes waiver of personal jurisdiction?

Dawn E. Boyce, Esquire
May 13th, 2011
By: Dawn E. Boyce, Esquire

On July 1, 2011, a bill recommended by the Boyd-Graves Conference, which delineates what affirmative conduct on the part of a party constitutes a waiver of any objection to personal jurisdiction or defective service, will go into effect. In summary, if a party files any pleading, conducts discovery or asks for or participates in any proceeding on the merits, any such objection is waived. A party may agree to extensions or scheduling orders, conduct discovery on the jurisdiction or service issue, transfer venue or remove the case to federal court, or observe and attend proceedings without waiving its objection. The full text of the bill can be viewed at http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0710.

Disclaimer

This blog and the information provided has been prepared by Bancroft, McGavin, Horvath & Judkins, P.C. (“BMHJ”) for information purposes only and is not intended nor to be construed as legal advice. This blog may contain the opinions of the members and associates of this firm on various legal issues and is not legal advice. Read More