What is the 100 mile bulge rule?
Asked by: Prof. Cristopher Cummerata | Last update: February 6, 2026Score: 4.6/5 (28 votes)
The "100-mile bulge rule" in U.S. Federal Civil Procedure, found in Federal Rule of Civil Procedure 4(k)(1)(B), allows a federal court to exercise personal jurisdiction over a party (like a third-party defendant) if they are served within 100 miles of the courthouse, even if they are in another state, bridging state lines to ensure complete case resolution. It's a specific exception to general jurisdiction rules, creating a "bulge" of reach for federal courts beyond state borders for properly joined parties.
What is the 100 mile bulge provision?
Departure #1: The Bulge Rule.
Under this rule, the court may assert personal jurisdiction over a party joined under Rule 14 or Rule 19 (more on this later) if the party is served in the United States within 100 miles of the court seeking to assert jurisdiction.
What is the bulge rule?
Absent special litigation, a federal court has personal jurisdiction only if a state court in which the federal courts sit would have personal jurisdiction. b. The 100 mile "bulge" rule(b)-when you're within 100 miles of a federal court house, jurisdiction is proper regardless of state boundaries.
What are the 5 reasonableness factors?
There are generally 5 factors reviewed when looking at reasonableness: judicial efficiency, defendant's burden, plaintiff's interest, the forum state's interest and the shared states' interest.
What's the burden of proof for a civil case?
Instead, as California Civil Jury Instruction 200 explains: “A party must persuade you [the jury], by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as “the burden of proof.”
Bulge Rule Defined | Civil Procedure | Law School
Who beats the burden of proof?
In most cases, the burden of proof rests solely on the prosecution, negating the need for a defense of this kind. However, when exceptions arise and the burden of proof has been shifted to the defendant, they are required to establish a defense that bears an "air of reality".
What happens if you don't answer the door to a process server?
If you don't answer the door for a process server, they can't force entry, but they'll likely make more attempts and may resort to alternative methods like "nail and mail" (posting papers) or leaving them with another adult at the residence, which still counts as proper service, leading to potential default judgments, added costs, and legal complications if you don't respond to the underlying lawsuit. Avoiding service doesn't make the lawsuit disappear; it just delays the inevitable and can result in losing the case by default.
Does ignoring a court order affect your credit score?
If a judgment is entered against you, you are now legally obligated to pay the creditor the amount of the judgment. The creditor becomes known as a judgment creditor once they obtain this court order. Leaving a judgment unsatisfied can further affect your financial situation and limit your ability to get new credit.
What happens if you just ignore someone suing you?
If you don't respond to a lawsuit, the plaintiff (the person suing you) can get a default judgment, meaning the court accepts their claims as true and can order you to pay or give them what they asked for, with no input from you; this often leads to wage garnishment, bank levies, or property seizure, making it very hard to fight later. It's crucial to file a formal response, like an "Answer," within the deadline (often 20-35 days) to at least notify the court you're defending yourself, even if you can't afford a lawyer.
What does 28 USC stand for in law?
In law, 28 U.S.C. stands for Title 28 of the United States Code, which codifies the laws governing the Judiciary and Judicial Procedure, covering the structure of federal courts, judges, Department of Justice, jurisdiction, and procedural rules for federal cases. It organizes statutes related to the federal court system, from court organization and officers to specific legal proceedings, making them easier to find and understand.
What is the Pendergrass rule?
Pendergrass (1935) 4 Cal. 2d 258, which held that under the parol evidence rule, a contracting party could not introduce evidence of prior oral statements at variance with the terms of a written contract to prove that the contract was obtained through fraud.
What are the three prong tests for personal jurisdiction?
The constitutional analysis for specific personal jurisdiction has three well-established prongs: relatedness; purposeful availment; and reasonableness. The relatedness prong focuses on the nexus between the defendant's activities in the forum and the plaintiff's cause of action.
What is the 100 mile subpoena power?
Federal Rule of Civil Procedure (“FRCP”) 45(c) restricts federal courts' powers to compel testimony from a third-party witness in civil litigation to locations: (1) “within 100 miles of where the person resides, is employed, or regularly transacts business in person;” or (2) within the state of residence, employment, ...
What two requirements must be satisfied in order for a civil court to exert personal jurisdiction over a defendant?
The requirements of due process and the long-arm statutes must be satisfied before personal jurisdiction may be exercised.
What is rule 34 of civil procedure?
The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection.
What is the 7 7 7 rule in collections?
The "7-7-7 rule" in debt collection, part of the CFPB's Regulation F, limits how often collectors can call you: they can't call more than seven times in seven days for a specific debt, nor can they call again within seven days after a phone conversation about that debt, creating a "cooling-off" period to prevent harassment and encourage quality communication. This rule applies to phone calls and voicemails, not texts or emails, and counts missed calls and attempts toward the limit for each debt individually.
What is the biggest killer of credit scores?
The single biggest thing that hurts your credit score is late payments, especially those 30+ days past due, as payment history accounts for 35% of a FICO score; maxing out credit cards (high credit utilization) and opening too many new accounts quickly also cause significant damage, while major negative events like bankruptcy are devastating.
Do court fines go away after 7 years?
No. Court fines don't just disappear. These kinds of fines are often considered government debt.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Can you say I decline to answer in court?
In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
What looks bad in a custody battle?
In a custody battle, bad behavior that looks bad to a judge includes parental alienation (badmouthing the other parent to kids), dishonesty, interfering with parenting time, emotional outbursts, making threats, using the child as a messenger, and failing to prioritize the child's needs over conflict, as courts focus on the child's best interests, not parental disputes. Actions like substance abuse, criminal issues, or creating instability for the child also severely harm your case.
What are the three burdens of proof?
The three main burdens (or standards) of proof in law, from lowest to highest, are Preponderance of the Evidence, required for most civil cases (more likely than not); Clear and Convincing Evidence, used in certain civil matters needing higher certainty; and Beyond a Reasonable Doubt, the strict standard for criminal convictions, meaning near-certainty of guilt.
Can hearsay be considered as evidence?
California's "hearsay rule," defined under Evidence Code 1200, is a law that states that third-party hearsay cannot be used as evidence in a trial. This rule is based on the principle that hearsay is often unreliable and cannot be cross-examined.
Are allegations not evidence?
The basic rule is that mere allegation is not evidence and is not equivalent to proof. Charges based on mere suspicion and speculation likewise cannot be given credence.