Think you're being sued in the wrong court? Learn how to challenge jurisdiction the right way—before the case moves forward.
In civil litigation, one of the first questions every court must answer is: Do we have the authority to hear this case? If the answer is no, the entire lawsuit could be tossed out.
This guide breaks down how to challenge jurisdiction in your answer—or through a motion—so you don’t waste time (or money) fighting a case in the wrong place.
Jurisdiction is the court’s legal power to hear and decide a case. If a court lacks jurisdiction, any ruling it makes is invalid.
There are two primary types of jurisdiction:
This refers to the court’s authority to hear a specific type of case.
Example: A small claims court may not have jurisdiction over a multi-million-dollar business dispute.
Example: A federal court can’t hear a purely state law matter unless diversity or federal law is involved.
This is the court’s authority over the defendant.
Example: A court in California may lack personal jurisdiction over a defendant who lives and works exclusively in Texas with no ties to California.
If either form of jurisdiction is missing, you can (and should) raise the issue right away.
Your answer to the complaint is a prime opportunity to assert jurisdictional defenses. If you don’t raise them early, you could waive them entirely.
Lack of Subject Matter Jurisdiction
“Defendant asserts that this court lacks subject matter jurisdiction over this dispute because it arises solely under state law and does not meet federal jurisdiction requirements.”
Lack of Personal Jurisdiction
“Defendant has never resided, worked, or conducted business in this state and lacks sufficient minimum contacts to justify personal jurisdiction.”
Improper Venue
“The events alleged did not occur in this district, and therefore, venue is improper.”
Improper or Defective Service
“Plaintiff failed to serve the complaint in accordance with [State/Federal] procedural rules.”
These statements are usually listed under the “Affirmative Defenses” section of your answer.
In many cases, it’s better to challenge jurisdiction before answering the complaint by filing a motion to dismiss.
You only want to raise jurisdictional issues (not respond to all allegations)
You have compelling evidence showing the court lacks authority
IN THE SUPERIOR COURT OF [Jurisdiction] Case No. [XXXXXX] DEFENDANT’S MOTION TO DISMISS FOR LACK OF JURISDICTION
Defendant [Name], through undersigned counsel, respectfully moves to dismiss the Complaint pursuant to Rule 12(b)(1) and/or 12(b)(2) for lack of subject matter and personal jurisdiction, and states:
1. Plaintiff filed this action on [Date] in [Court Name]. 2. This court lacks subject matter jurisdiction because [reason]. 3. This court lacks personal jurisdiction over Defendant due to insufficient contacts with this state. 4. WHEREFORE, Defendant requests that the Court dismiss the Complaint in its entirety.
[Signature Block]
If the court agrees, the case may be dismissed without prejudice, meaning the plaintiff can refile in the proper court.
Jurisdictional objections must be asserted early—usually in your first filing. Waiting too long may waive your right to challenge.
Provide proof that the court lacks authority. Supporting documents might include:
Business license records
Employee rosters
Proof of non-residency
Lack of contracts or transactions in the state
Sometimes the court has jurisdiction, but the venue (location) is inconvenient or improper. In that case, request a change of venue rather than dismissal.
Jurisdictional rules are complex. An attorney can help you assess whether a dismissal or transfer is the better route—and how to properly raise your objections.
Jurisdictional objections are like legal landmines—ignore them, and you could lose by default or get stuck litigating in the wrong court.
Raise the issue early. Raise it clearly. And if in doubt, file a motion to dismiss before answering the rest of the complaint.
💼 Let Legal Husk Help You Challenge Improper Jurisdiction
Whether you’re facing a lawsuit across state lines or in the wrong court altogether, our legal drafting team can help you respond confidently and strategically.
📌 Need help filing a motion to dismiss or raising jurisdictional defenses?
You don’t have to go it alone.
📞 Contact us today:
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🧠 Pro Tip: Always check if you were properly served—defective service can be a winning jurisdictional defense.
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