Personal jurisdiction is the authority a court has to make legally enforceable orders related to a person or entity and the property of the person or entity, and usually arises when a person has been sued in a lawsuit. For a court to have personal jurisdiction, the person or entity generally (1) must be a resident of the state in which the court is located; (2) as a nonresident, must have initiated sufficient minimum contacts with the state in which the lawsuit is filed; or (3) must have agreed to be governed by the laws of the state (in a contract or website terms) in which the lawsuit is filed.
In Georgia, as in other states, personal jurisdiction refers to a court's power to bring a person or entity into its court system and make decisions that are legally binding upon them. For a Georgia court to establish personal jurisdiction, the defendant must typically have a substantial connection to the state. This can be established if the defendant is a resident of Georgia or if the nonresident defendant has sufficient minimum contacts with the state, such as conducting business or committing a tort within Georgia. Additionally, a person or entity can consent to the jurisdiction of Georgia courts by agreeing to it in a contract, including website terms of service that specify Georgia law will govern disputes. Georgia's long-arm statute allows the state's courts to reach beyond its borders under certain circumstances, extending personal jurisdiction to nonresidents who engage in specific activities connected to the state. The extent to which a Georgia court can exercise personal jurisdiction is also subject to the due process clause of the U.S. Constitution, which requires that exercising jurisdiction be fair and reasonable under the circumstances.