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 Vermont, as in other states, personal jurisdiction refers to a court's power to bring a person or entity into its court system and make decisions that legally bind them. For a Vermont court to establish personal jurisdiction, the person or entity being sued must have a relevant connection to the state. This can be established if the defendant is a resident of Vermont or if the nonresident defendant has sufficient minimum contacts with Vermont, such as conducting business or committing a tort within the state. Additionally, personal jurisdiction can be consented to if a person or entity agrees to the jurisdiction of Vermont courts, which can occur through a contractual agreement or by accepting the terms of service on a website that stipulates Vermont law will govern disputes. Vermont courts will apply both state statutes and federal due process principles to determine if asserting personal jurisdiction is appropriate in a given case.