What is the 100 mile bulge rule for personal jurisdiction?
Asked by: Anna Tremblay | Last update: May 21, 2025Score: 4.2/5 (72 votes)
This includes the so-called 100-mile Bulge Rule of Rule 4(k)(1)(B), which currently permits personal jurisdiction over Rule 14 and Rule 19 parties served in a judicial district within 100 miles of the summoning courthouse.
What is the 100 mile rule for personal jurisdiction?
Federal Long Arm Statute Specifics
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 is the 100 mile bulge rule?
One of long standing, which has launched thousands of Civil Procedure multiple-choice exam questions, is the “bulge rule.”[206] The bulge rule provides that a supplemental party brought in by Federal Rules of Civil Procedure 14 or 19 is subject to service of process within 100 miles (as the crow flies[207]) of the ...
What are the 5 reasonable factors for personal jurisdiction?
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. Judicial efficiency - Is there an efficiency reason as to why this court should be hearing this case?
What is the 100 mile subpoena rule?
Rule 45(c)(1)(A) provides that a subpoena can only command a person to testify within the state or within 100 miles of where the person resides, is employed, or regularly transacts business in person.
Bulge Rule Defined | Civil Procedure | Law School
What does the 100 mile rule apply to?
The FHA 100 Mile Rule makes sure FHA loans are used for homes people live in, not for investment properties. If you want to use rental income to qualify for the second loan, the new home must be more than 100 miles away from your current one.
What is the 100 mile limit?
The federal government defines a “reasonable distance” as 100 air miles from any external boundary of the U.S. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-mile zone.
What is the bulge provision of personal jurisdiction?
What does Bulge Rule mean? Bulge Rule – Creates personal jurisdiction over third-party defendants if served within a 100-mile radius of the federal court and jurisdiction won't offend “traditional notions of fair play and substantial justice.”
How do you challenge personal jurisdiction?
One way a defendant can raise the defense of lack of personal jurisdiction is to argue that the court's exercise of personal jurisdiction over it would violate the constitutional due process requirement.
What are the 2 elements needed to prove a court has personal jurisdiction over a defendant?
Obtaining Personal Jurisdiction
Typically for a court to have personal jurisdiction over a defendant, the plaintiff needs to serve the defendant in the state in which the court sits, and the defendant needs to voluntarily appear in court .
What is the 100-mile radius rule?
The driver must operate within a 100 air-mile radius of his/her normal work reporting location. The driver must start and end the day at the same location. The driver must be released from work within 12 consecutive hours. The driver must have at least 10 consecutive hours off-duty between each 12-hour shift.
How does the 100-mile challenge work?
Their goal is to educate people on the distance that their food travels from the point of origin to their table as well as to find volunteers willing to take on a challenge where they will only consume food and drink that's been grown and produced within a 100-mile (160 kilometre) radius of their homes.
What is the 100-mile rule in meetings?
Invoke the 100-Mile Rule to avoid interruptions.
No one should be called from the meeting unless it is so important that the disruption would occur even if the meeting was 100 miles away from the workplace. ”Interruptions include texts and emails.
What is the 100 mile border rule?
Originating in a decades-old federal statute, CBP has the authority to conduct stops and searches within a “reasonable distance” of a border, defined by regulation as 100 miles. This “100-mile zone” has been used for permanent and temporary internal checkpoints and roving stops.
What is the 7500 mile rule?
California Noncertified Vehicles (CNCV)—Formerly known as 49-state, bear a label certifying they only meet U.S. EPA emission requirements. A CNCV cannot be registered to a California resident who acquired/purchased the vehicle with less than 7,500 odometer miles, unless they qualify for an exemption.
What is the rule 45 F?
New Rule 45(f) therefore authorizes the compliance court to transfer subpoena-related motions to the issuing court. The compliance court may transfer a motion, however, only if the non-party consents or the court finds that there are “exceptional circumstances” meriting transfer.
What is the burden of proof for personal jurisdiction?
The plaintiff must present specific evidentiary facts through competent, admissible evidence to establish personal jurisdiction over the defendant. Section 418.10 of the California Code of Civil Procedure provides the exclusive procedure for challenging jurisdiction at the outset of a case.
What are the grounds for a jurisdictional challenge?
Common grounds for raising a jurisdictional challenge include questioning whether the court has personal jurisdiction over the parties involved, or whether it has subject matter jurisdiction over the type of dispute being presented.
What are the three types of personal jurisdiction?
There are three types of personal jurisdiction: jurisdiction over the person; in rem jurisdiction and quasi in rem jurisdiction.
What are the 5 reasonableness factors?
- P's interest in having claim adjudicated in that forum.
- Burden on the D.
- Forum state's interests.
- Interest of Interstate judicial system in resolving the dispute.
- Shared interest of the several states.
When must you object to personal jurisdiction?
Most jurisdictions have rules setting forth time periods by which a party must object to personal jurisdiction and in what form the party must object. Under FRCP Rule 12, a defendant normally has 20 days after being served with the summons and complaint to file an answer or to object to jurisdiction.
What factors are considered in determining personal jurisdiction?
- Territoriality.
- Contacts Test.
- General/Specific Jurisdiction.
- “Stream of Commerce” idea.
- Overall Reasonableness Factor.
What is the 100 mile rule in FMCSA?
The 100 air mile exemption is for CDL drivers who: Operate within 100 air miles. Go off duty within 12 hours. Report back to the same work location every day.
What does 100 mile radius mean?
A 100 mile radius is another way to say “within a hundred miles of (some centre point)”. If you want to talk about an area like 100 square miles then there is no shape implied, so a fire might destroy 100 square miles of forest, but in a narrow strip many miles long or any other shape you imagine.
Can you do 100 miles in a day?
Fast is a relative term in ultrarunning. The winner of a race could finish in 18 hours, but the back of the pack might take 34 hours to complete the same race. Generally, most 100-milers take 20-30 hours. It is technically possible to do it “in a day” if that day includes running all night long without sleep.