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Lack of Subject Matter Jurisdiction and Personal JurisdictionWhen a civil action is commenced in a personal injury case, the action must be heard in a court having jurisdiction over the subject matter of the case and personal jurisdiction over the defendant(s).  The determination of as to whether or not the court where a case is filed has subject matter jurisdiction and/or personal jurisdiction is made by the court based on the pleadings presented and facts of the case.

Subject Matter Jurisdiction

A court has subject matter jurisdiction when the act at the center of the case occurred in the location of the court.

For example, if a car accident happened in Montana, then the Benton County Superior Court of Washington would lack subject matter jurisdiction over the case, because the car accident occurred in Montana, not in Benton County Washington.  However, if the car accident happened in Benton County Washington, then the Superior Court of Benton County would have subject matter jurisdiction over the case.

Personal Jurisdiction Over a Defendant

Personal jurisdiction over a defendant occurs when the defendant lives in or has contacts with the state where an action is being brought.

For example, if someone from Hermiston Oregon was driving in Kennewick and caused a car accident in Kennewick, then the defendant would have contact with Washington State and the Benton County Superior Court would have personal jurisdiction over the defendant.

If a car accident occurs in Pasco, Washington and person who caused the accident lived in Pasco, Washington, then Franklin County Superior Court would have both subject matter and personal jurisdiction over the defendant to hear the case.

Speak with a personal injury attorney at Parke Gordon Law Firm to answer questions you have about the litigation process for a civil matter and ensure that the proper court hears the action.

Washington Superior Court Civil Rule 12(b)(1) &(2) is as follows:

(b)  How presented.  Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross claim, or third party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person

Kennewick, WA Car Accident Attorney

If you were injured in a car accident due to the fault of another then you need a personal injury attorney on your side.  Our attorneys at Parke Gordon Law Firm believe that you deserve an experienced and knowledgeable attorney against the large insurance companies to ensure that you receive fair compensation for your injuries. Call us at 509-582-7274 to get started on your personal injury claim today with a free consultation.

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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