CivPro Checklist Personal Jurisdiction (pjx) A. Federal or State Court?

If the case is in state court, the limits on state court jx apply. Proceed to part B of this checklist. If the case is in federal court, Rules 4(k) and 12 must be consulted. 1. Possible Waiver? Consult Rule 12 FRCP Rule 12 requires s to raise any challenge to pjx in their initial respond or the challenge is waived. Thus, it is critical at this point to determine whether the has waived a pjx challenge. If so, pjx is appropriate. 2. Rule 4(k) does the general rule of 4(k)(1)(A) apply or is there an alternate applicable provision for establishing jurisdiction? If one of the alternate provisions applies, then compliance with 4(k)(1)(A) which incorporates states standards of pjx will be unnecessary. Possible options under Rule 4(k) to consider: a. 100-Mile Bulge Rule is the party one that was joined under Rule 14 or 19 and served w/in a judicial district not more than 100 miles from the place where the summons issued? If so, jx can be established under Rule 4(k)(1)(B). If not, proceed to the next question. b. Federal Statutory Provision is there a federal statute involved here that has its own service provision compliance with which would establish pjx?