Definition[]
A motion to dismiss for lack of personal jurisdiction is a motion made by a defendant, challenging the court's ability to exercise personal jurisdiction over the moving party.
Overview[]
When a defendant moves to dismiss a complaint for lack of personal jurisdiction, the plaintiff bears the burden of demonstrating that jurisdiction is proper.[1] Where the motion is based on written materials rather than on an evidentiary hearing, the plaintiff need only make a prima facie showing of jurisdictional facts. [2] In such cases, a court need only inquire into whether the plaintiff's pleadings and affidavits make a prima facie showing of personal jurisdiction.[3] Although the plaintiff cannot rest on the bare allegations of the complaint, uncontroverted allegations in the complaint must be taken as true.[4] "Conflicts between the parties over statements contained in affidavits must be resolved in the plaintiff’s favor."[5]