Replies to post #78602 on Bancorp International Group Inc (fka BCIT)

[RedneckInvestor]

Aren't those who demand discovery material within jurisdiction simply by corresponding?

[kruy]

Everyone should object juristiction here to cover all their bases yet leave them to pursue the full spectrum of procedures including discovery.

That is only prudent and wise no matter what the intent of the lawsuit.

Just checking in here, have a good day all. e/

[kenco]

matrix, you are very correct, by filing a motion to dismiss for Lack of Personal Jurisdiction, you are basicaly telling the court that you dont recognize their authority over them until the plaintif can prove otherwise, further more, even if the motion is is ruled against you, you can still take that motion all the way up through the appeals process ending at the US Supreme court, that is why that particular motion automatically suspends the 20 day clock for filing any answer to the complaint until jurisdiction is established, in the mean time, since you would be challenging the the courts jurisdiction to even bother you in the first place, you wouldnt have any standing to ask for discovery, as you pointed out, you would be aksing the court to grant 2 contradictory motions since discovery is done to prove your claim or defense to the court in the original complaint, while at the same time your telling them to go pound salt and leave you alone due to their lack of jurisdiction.

[mAjOr dAmAgE]

I'm certainly not saying that someone should challenge jurisdiction and seek discovery material. But a jurisdictional challenge would still entitle the movant to discovery material related to personal jurisdiction and any documents that would be relevant to the jurisdictional challenge.

It's dangerous to submit to the jurisdiction of a court where you don't have minimum contacts. If there's a hearing, the judge could make you attend.