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 Kentucky, personal jurisdiction refers to the power of a Kentucky court to bring a person or entity into its legal process and to make decisions that are binding upon them. For a Kentucky court to establish personal jurisdiction, the person or entity sued must have a connection to the state. This can be established if the person is a resident of Kentucky or if the entity does business in the state. Nonresidents can be subject to Kentucky's jurisdiction if they have sufficient minimum contacts with the state, such as conducting business, owning property, or causing an event to occur in the state that gave rise to the litigation. Additionally, personal jurisdiction can be consented to if a nonresident agrees to the state's authority, often found in contracts or terms of service agreements that stipulate Kentucky law will govern disputes. Kentucky courts will analyze the nature and quality of contacts to ensure that exercising jurisdiction complies with traditional notions of fair play and substantial justice, in line with the Due Process Clause of the U.S. Constitution.