Ohio
How Burnham v. Superior Court of California applies in Ohio: state-specific rules, key cases, and bar exam notes for Civil Procedure.
In Ohio, the principles established in Burnham regarding personal jurisdiction are applicable, particularly the idea that physical presence in the forum state can establish that jurisdiction. Ohio courts also consider the due process implications of asserting personal jurisdiction over non-residents.
In Ohio, personal jurisdiction can be exercised over a defendant who is physically present in the state at the time of service, as stated in Ohio Revised Code § 2307.382.
Civ.R. 4.3 permits service on a non-resident individual if the individual is present in Ohio when served.
In Fowler, the court held that physical presence in Ohio during the commission of a tort allowed for personal jurisdiction.
The court confirmed that Ohio's long-arm statute allows jurisdiction consistent with due process, resonating with the principles established in Burnham.
Ohio's approach aligns closely with the federal standard set forth in International Shoe Co. v. Washington, relying on the defendant's physical presence. However, Ohio's statutes explicitly provide for jurisdiction in cases of service on individuals physically present in the state, enhancing the clarity of jurisdictional rules compared to federal guidelines.
Understanding the application of personal jurisdiction principles like those in Burnham is crucial for the Ohio bar exam, particularly under the Civ.R. 4 framework.