Personal jurisdiction is the authority a court has to make legally enforceable orders related to a person or entity and the property of the person or entity, and usually arises when a person has been sued in a lawsuit. For a court to have personal jurisdiction, the person or entity generally (1) must be a resident of the state in which the court is located; (2) as a nonresident, must have initiated sufficient minimum contacts with the state in which the lawsuit is filed; or (3) must have agreed to be governed by the laws of the state (in a contract or website terms) in which the lawsuit is filed.
In Alabama, personal jurisdiction refers to the power of Alabama courts to bring an individual or entity into its legal process and to make decisions that are binding upon them. For an Alabama court to have personal jurisdiction, typically, the defendant must have a substantial connection to the state. This can be established if the defendant is a resident of Alabama or if the nonresident defendant has sufficient minimum contacts with Alabama, such as conducting business or committing a tort within the state. Additionally, personal jurisdiction can be established if a nonresident defendant consents to the jurisdiction, which can occur through contractual agreements or by accepting the terms of service on a website that stipulate Alabama law will govern disputes. Alabama follows the principles set forth by the U.S. Supreme Court in cases such as International Shoe Co. v. Washington, which require that exercising jurisdiction must not violate traditional notions of fair play and substantial justice.