New Hampshire
How Burnham v. Superior Court of California applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Civil Procedure.
New Hampshire follows a traditional approach to personal jurisdiction, which includes the principles of in-personam jurisdiction as established in Burnham. This means that the presence of an individual in the state at the time of service is sufficient for jurisdiction in most cases.
In New Hampshire, personal jurisdiction can be established by the defendant's physical presence in the state when served with process, consistent with the principles laid out in Burnham.
The court held that personal jurisdiction could be exercised based on the defendant's physical presence in New Hampshire during the litigation.
The court confirmed that jurisdiction was proper where the defendant was physically located in the state when served, reflecting the Burnham standard.
The ruling stated that actual physical presence at the time of service is sufficient to establish personal jurisdiction.
New Hampshire's approach mirrors the federal standard, where personal jurisdiction is also primarily based on the physical presence of the defendant for service of process. However, New Hampshire law tends to emphasize historical practices of jurisdiction more than some federal courts that also consider minimum contacts.
Understanding the principles of personal jurisdiction as established in Burnham is essential for the New Hampshire Bar Exam, particularly in questions involving the appropriate jurisdiction for civil actions.