Is there a form used for Long Arm Statue?

Full question:

Is there a form used for Long Arm Statue?

Category: Forms
Date: 04/07/2025
State: Louisiana

Answer:

The following is a statute:

13:3201. Personal jurisdiction over nonresidents

A. A court may exercise personal jurisdiction over a nonresident, who
acts directly or by an agent, as to a cause of action arising from any
one of the following activities performed by the nonresident:

(1) Transacting any business in this state.

(2) Contracting to supply services or things in this state.

(3) Causing injury or damage by an offense or quasi offense committed
through an act or omission in this state.

(4) Causing injury or damage in this state by an offense or quasi
offense committed through an act or omission outside of this state if he
regularly does or solicits business, or engages in any other persistent
course of conduct, or derives revenue from goods used or consumed or
services rendered in this state.

(5) Having an interest in, using or possessing a real right on
immovable property in this state.

(6) Non-support of a child, parent, or spouse or a former spouse
domiciled in this state to whom an obligation of support is owed and with
whom the nonresident formerly resided in this state.

(7) Parentage and support of a child who was conceived by the
nonresident while he resided in or was in this state.

(8) Manufacturing of a product or component thereof which caused damage
or injury in this state, if at the time of placing the product into the
stream of commerce, the manufacturer could have foreseen, realized,
expected, or anticipated that the product may eventually be found in this
state by reason of its nature and the manufacturer's marketing
practices.

B. In addition to the provisions of Subsection A, a court of this state
may exercise personal jurisdiction over a nonresident on any basis
consistent with the constitution of this state and of the Constitution of
the United States.

Form No. 2603. Citation in Suit under "Long Arm" Statute

Notes to Form 2603

The form of citation under the Long Arm Statute, R.S. 13:3201 to
13:3207, is identical to the form of citation employed in the usual civil
action. See LSA-C.C.P. Form No. 2601 and the Notes thereto for an
illustration of the ordinary form of citation and the applicable
procedural rules. However, service of process under the Long Arm Statute
is governed exclusively by the specific provisions of the statute,
instead of by C.C.P. arts. 1231 to 1293. See LSA-C.C.P. Form Nos. 2604a
and 2604b for returns showing service by mail and by personal delivery,
respectively, under the Long Arm Statute. R.S. 13:3204 also provides for
service on an attorney appointed under C.C.P. art. 5091.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is needed to assert long arm jurisdiction?

To assert long arm jurisdiction, a court must establish that the nonresident defendant has sufficient minimum contacts with the state. This can include transacting business, entering contracts, causing injury within the state, or owning property there. The activities must be purposeful and connected to the state, allowing the court to exercise jurisdiction without violating fairness principles.

What does a state's long-arm statute permit?

A state's long-arm statute permits courts to extend their jurisdiction over nonresidents based on specific activities that connect them to the state. This includes conducting business, entering contracts, causing injury, or owning property. The statute aims to ensure that individuals and entities can be held accountable in the state for their actions.

How does long arm jurisdiction work?

Long arm jurisdiction works by allowing a court to exercise authority over a nonresident based on their activities within the state. If a nonresident engages in specific actions, like doing business or causing harm in the state, the court can compel them to respond to legal actions. This jurisdiction is governed by state statutes and must align with constitutional due process.

How do you establish long arm jurisdiction?

To establish long arm jurisdiction, you must demonstrate that the nonresident defendant has sufficient connections to the state. This typically involves showing that they have engaged in activities outlined in the state's long-arm statute, such as conducting business or causing injury. The court will assess whether exercising jurisdiction is reasonable and fair based on these connections.

What is an example of a long-arm statute?

An example of a long-arm statute is R.S. 13:3201, which allows Louisiana courts to assert jurisdiction over nonresidents who engage in specific activities within the state. This includes transacting business, causing injury, or owning property. Such statutes vary by state, but they generally aim to ensure that individuals can be held accountable for their actions in the jurisdiction.