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What is the Long Arm Statute and its citation form?

What is the Long Arm Statute and its citation form?

Full question:

Is there a form used for Long Arm Statue?

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

Answer:

The Long Arm Statute allows a court to exercise personal jurisdiction over nonresidents based on specific activities. According to R.S. 13:3201, these activities include:

Transacting business in the state.
Contracting to provide services or goods in the state.
Causing injury or damage in the state through acts or omissions.
Causing injury or damage in the state from actions outside the state if the nonresident regularly does business in the state.
Having an interest in or possessing real property in the state.
Non-support of a child, parent, or spouse residing in the state.
Parentage and support of a child conceived while the nonresident was in the state.
Manufacturing a product that causes injury in the state if the manufacturer could foresee the product being found there.

Additionally, the court may exercise jurisdiction consistent with both state and federal constitutions.

Form No. 2603 is used for citation in a suit under the Long Arm Statute. This form is similar to the usual civil action citation (see LSA-C.C.P. Form No. 2601 for details). However, service of process under the Long Arm Statute follows its specific provisions rather than the Civil Code Procedure articles 1231 to 1293. For service by mail or personal delivery, refer to LSA-C.C.P. Form Nos. 2604a and 2604b. R.S. 13:3204 also allows 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.

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