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 Utah, as in other states, personal jurisdiction refers to the power of a Utah court to make decisions affecting a person or entity and their property. For a Utah court to exercise personal jurisdiction, certain criteria must be met. Firstly, the individual or entity could be a resident of Utah. If not a resident, the nonresident must have established 'minimum contacts' with Utah, such as conducting business, owning property, or committing a tort within the state. These contacts must be such that it would be fair and reasonable to require the party to defend a lawsuit in Utah. Lastly, personal jurisdiction can be established if a nonresident consents to Utah's jurisdiction, which can occur by entering into a contract that includes a clause agreeing to be subject to Utah law or by accepting the terms of a website that includes such a provision. Utah courts will analyze the specifics of each case to determine if exercising personal jurisdiction is appropriate under state statutes and federal law, including the Due Process Clause of the U.S. Constitution.