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 Arkansas, as in other states, personal jurisdiction refers to a court's power to bring a person or entity into its court system and to make decisions affecting that person or entity. For an Arkansas court to have personal jurisdiction, typically one of the following must apply: (1) the defendant is a resident of Arkansas; (2) the defendant, as a nonresident, has established sufficient minimum contacts with Arkansas, such as conducting business, committing a tortious act within the state, or owning property there; or (3) the defendant has consented to the jurisdiction, which can occur through a contractual agreement or by accepting the terms of service on a website that stipulates Arkansas law will govern disputes. Arkansas courts follow both state statutes and federal due process principles to determine if asserting personal jurisdiction is appropriate, ensuring that it is fair and reasonable to require a defendant to defend a lawsuit in Arkansas.