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 Maine, 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. Maine courts can establish personal jurisdiction over a defendant if the defendant is a resident of Maine. For nonresidents, Maine courts follow the 'minimum contacts' standard established by the U.S. Supreme Court, which requires that the defendant have certain minimum contacts with Maine such that the maintenance of the lawsuit does not offend traditional notions of fair play and substantial justice. This could include conducting business in Maine, owning property in the state, or other actions that would reasonably tie the defendant to the state. Additionally, a person or entity can consent to Maine's jurisdiction by agreeing to it in a contract, such as including a forum selection clause in terms of service or a contract that specifies Maine courts for dispute resolution. The specifics of how personal jurisdiction is applied can be found in the Maine Rules of Civil Procedure and relevant state statutes, as well as being interpreted by case law.