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 South Dakota, personal jurisdiction refers to the power of a South Dakota court to bring a person or entity into its court process and to make decisions that are legally binding upon them. For a South Dakota court to establish personal jurisdiction, the person or entity sued (the defendant) must have a significant connection to the state. This can be established if the defendant is a resident of South Dakota or if the nonresident defendant has sufficient minimum contacts with the state, such as conducting business or committing a tort within South Dakota. Additionally, personal jurisdiction can be consented to if a person or entity agrees to the jurisdiction of South Dakota courts, which can occur through contractual agreements or by accepting the terms of service on a website that stipulate South Dakota law will govern disputes. The concept of minimum contacts is derived from the U.S. Supreme Court's interpretation of the Due Process Clause of the Constitution, ensuring that the exercise of jurisdiction respects fair play and substantial justice. South Dakota's statutes and case law align with these constitutional principles to determine the scope of personal jurisdiction in the state.