Discarding Immunity from Service of Process Doctrine

19 Pages Posted: 23 Jan 2015

See all articles by John Martinez

John Martinez

University of Utah - S.J. Quinney College of Law

Date Written: December 1, 2013

Abstract

The immunity from service of process doctrine provides that a nonresident cannot be served while going to, attending, or leaving an ongoing judicial proceeding. However, the doctrine evolved while "tag" jurisdiction was in vogue, whereby mere presence in the forum state sufficed, and the nonresident only had to be "tagged" with service to confer jurisdiction on the forum state. This article suggests that modern "minimum contacts" territorial jurisdiction theory more adequately addresses the concerns of efficiency of judicial proceedings and fairness to nonresidents than the immunity from service of process doctrine. The article proposes that the immunity from service of process doctrine is unnecessary and should be discarded, and that the considerations underlying the doctrine should instead be folded into the territorial jurisdiction-as-fairness analysis.

Keywords: personal jurisdiction, civil procedure, immunity from service, territorial jurisdiction

JEL Classification: K1, K10, K19, K4, K40, K41, K49

Suggested Citation

Martinez, John, Discarding Immunity from Service of Process Doctrine (December 1, 2013). 40 Ohio N. U. L. Rev. 87 (2013), Available at SSRN: https://ssrn.com/abstract=2553953

John Martinez (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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