Maine Revised Statutes Title 14 Sec. 704-A – Persons subject to jurisdiction
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1. Declaration of purpose. It is declared, as a matter of legislative determination, that the public interest demands that the State provide its citizens with an effective means of redress against nonresident persons who, through certain significant minimal contacts with this State, incur obligations to citizens entitled to the state’s protection. This legislative action is deemed necessary because of technological progress which has substantially increased the flow of commerce between the several states resulting in increased interaction between persons of this State and persons of other states.
This section, to insure maximum protection to citizens of this State, shall be applied so as to assert jurisdiction over nonresident defendants to the fullest extent permitted by the due process clause of the United States Constitution, 14th amendment.
[PL 1975, c. 770, §80 (NEW).]
Terms Used In Maine Revised Statutes Title 14 Sec. 704-A
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Summons: Another word for subpoena used by the criminal justice system.
- Trustee: A person or institution holding and administering property in trust.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Causes of action. Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated in this section, thereby submits such person, and, if an individual, his personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:
A. The transaction of any business within this State; [PL 1975, c. 770, §80 (NEW).]
B. Doing or causing a tortious act to be done, or causing the consequences of a tortious act to occur within this State; [PL 1977, c. 696, §162 (AMD).]
C. The ownership, use or possession of any real estate situated in this State; [PL 1975, c. 770, §80 (NEW).]
D. Contracting to insure any person, property or risk located within this State at the time of contracting; [PL 1975, c. 770, §80 (NEW).]
E. Conception resulting in parentage within the meaning of Title 19-A, chapter 61; [PL 2015, c. 296, Pt. C, §2 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]
F. Contracting to supply services or things within this State; [PL 1975, c. 770, §80 (NEW).]
G. Maintaining a domicile in this State while subject to a marital or family relationship out of which arises a claim for divorce, alimony, separate maintenance, property settlement, child support or child custody; or the commission in this State of any act giving rise to such a claim; or [PL 1975, c. 770, §80 (NEW).]
H. Acting as a director, manager, trustee or other officer of a corporation incorporated under the laws of, or having its principal place of business within, this State. [PL 1975, c. 770, §80 (NEW).]
I. Maintain any other relation to the State or to persons or property which affords a basis for the exercise of jurisdiction by the courts of this State consistent with the Constitution of the United States. [PL 1977, c. 696, §163 (AMD).]
[PL 2015, c. 296, Pt. C, §2 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]
3. Personal service. Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this section, may be made by personally serving the summons upon the defendant outside this State, with the same force and effect as though summons had been personally served within this State.
[PL 1975, c. 770, §80 (NEW).]
4. Jurisdiction based upon this section. Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him is based upon this section.
[PL 1975, c. 770, §80 (NEW).]
5. Other service not affected. Nothing contained in this section limits or affects the right to serve any process in any other manner now or hereafter provided by law.
[PL 1975, c. 770, §80 (NEW).]
SECTION HISTORY
PL 1975, c. 770, §80 (NEW). PL 1977, c. 696, §§162,163 (AMD). PL 1995, c. 694, §D14 (AMD). PL 1995, c. 694, §E2 (AFF). PL 2015, c. 296, Pt. C, §2 (AMD). PL 2015, c. 296, Pt. D, §1 (AFF).