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 West Virginia, 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 that are legally binding upon them. For a West Virginia court to establish personal jurisdiction, the defendant must typically have a substantial connection to the state. This can be established if the defendant is a resident of West Virginia or if the nonresident defendant has sufficient minimum contacts with the state, such as conducting business, owning property, or committing a tort within the state. Additionally, a person or entity can consent to the jurisdiction of West Virginia courts by agreeing to it in a contract, including website terms of service, or by appearing in court without contesting jurisdiction. The concept of minimum contacts is derived from the Due Process Clause of the U.S. Constitution, which ensures that exercising jurisdiction is fair and just. West Virginia courts will analyze the nature and quality of the contacts to determine if exercising jurisdiction complies with constitutional principles.