Court found lack of personal jurisdiction dismiss with or without prejudice ?

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if court found defendant lack of personal jurisdiction, shall it be dismissed with or without prejudice ?if court already found no personal jurisdiction exists, should it be dismissed with prejudice ? If not, why not?

3 Attorney Answers

Best Answer
Your question assumes too much. Lack of personal jurisdiction usually means improper service. In most circumstances proper service is all that would be required to obtain personal jurisdiction so the complaint would not be dismissed, but rather a motion to quash would merely be granted and the complaint would survive to be re-served along with the summons. However, if the court ordered the complaint dismissed, it is always without prejudice unless specifically ordered with prejudice by the court.
Best Answer
A dismissal for lack of personal jurisdiction is always without prejudice. A dismissal with prejudice is an adjudication on the merits - the court decides that the plaintiff does not have a case. A dismissal for lack of personal jurisdiction can never be on the merits - the court never reaches the question of whether the plaintiff has a case, because it lacks jurisdiction to hear a case against the defendant.
Best Answer
I agree with Alan Ray Barnes. I agree with Michael Daymude.

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