angela_ba said:
Maryland
My ex lives in New York and I in maryland. Can I have him served with a subpoena to go to small claims court here in maryland? even though he is in another state? or does he have to be present in maryland to be served? Thanks for any input you may have on this situation. 
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My response:
You have inadvertently asked a question that is on some Bar Examinations to become a lawyer. Your question, an excellent one at that, concerns "Minimum Contacts" and "In Personam Jurisdiction" requirements and rules.
The United State Supreme Court has defined the parameters of the states’ power to compel nonresidents to defend suits brought against them in state court. The general rule is that the forum state may not exercise jurisdiction over a nonresident unless his or her relationship to the state is such as to make the exercise of such jurisdiction reasonable. [Cornelison v. Chaney (1976) 16 Cal.3d 143, 127 Cal.Rptr. 352, 545 P.2d 264.]
The test of due process holds that before a nonresident may be subjected to the personal jurisdiction of a state other than his or her residence, the forum state must establish "minimum contacts" of the nonresident with the state and show that the maintenance of the suit in the forum state does not offend "traditional notions of fair play and substantial justice." [International Shoe Co. v. State of Wash., Office of Unemployment Compensation and Placement (1945) 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95, 161 A.L.R. 1057.]
These "minimum contacts" must have a basis in some act by which the defendant purposefully avails himself or herself of the privilege of conducting activities within the forum state, thus invoking the benefits and protection of its laws. Jurisdiction is proper where the contacts proximately result from actions by the defendant that create a substantial connection with the forum state. [Great-West Life Assurance Co. v. Guarantee Co. of North America (1988) 205 Cal.App.3d 199, 252 Cal.Rptr. 363.]
Once it has been decided that a defendant purposefully established minimum contacts within the forum state, these contacts may be considered in light of other factors to determine whether the assertion of jurisdiction would comport with fair play and substantial justice. [Great-West Life Assurance Co. v. Guarantee Co. of North America (1988) 205 Cal.App.3d 199, 252 Cal.Rptr. 363.]
This depends on a balancing of the inconvenience to the defendant in having to defend himself or herself in the forum state against both the interest of the plaintiff in suing locally and the interrelated interest of the state in assuming jurisdiction. [Magnecomp Corp. v. Athene Co. (1989) 209 Cal.App.3d 526, 257 Cal.Rptr. 278, review den. (Jun 29, 1989).]
In short, unless the defendant owns property in, or does regular business within, your State you cannot force him to come to your State to defend.
Now, if you know that he's flying, or driving, into your State you can serve him with Process as soon as he crosses into your States' borders. Until then, he does not have to attend your State court hearing.
NOTE: I just read your previous post concerning your ex signing your name to Federal tax returns. Small Claims is the wrong court for your situation. You need to file your action in Federal Court in order for jurisdiction to cross state lines. And, you'd need to file in the Federal Court that covers New York, among the other States within that Federal courts' jurisdictional area.
IAAL
[Edited by I AM ALWAYS LIABLE on 04-17-2001 at 02:39 AM]
