Will I have to travel to New York adn attend hearing for motion to dismiss?
If you believe the court does not have proper jurisdiction over you, a motion to dismiss based on lack of personal jurisdiction may be filed. When a lawsuit is filed, addition to the mandatory requirement of having subject-matter jurisdiction, a court needs to acquire in personam (personal) jurisdiction over the respondent/defendant. Any order issued by a judge when both subject-matter jurisdiction and in personam jurisdiction has not been properly conferred is void, of no legal force or effect. However, a motion should not be filed without a belief in the contents and mererly for purposes of harassment or delay. It is possible for a party to negotiate a settlement while motions to dismiss are pending. A pending motion to dismiss is more likely to encourage settlement if the other party thinks the chances or dismissal being granted are likely. Whether the hearing on the motion may be conducted electronically will depend on the rules and policies of the court involved.
In personam jurisdiction is obtained when the respondent/ defendant is properly served with a summons and complaint either by certified mail, by personal service, or by publication (only rarely used and only when the address of the respondent/defendant is unknown).
In order to serve a defendant with the state's long arm statute, the defendant must have minimum contacts with the state. Minimum contacts can consist of either some type of systematic and continuous contact with the forum ("general jurisdiction"), or isolated or occasional contacts purposefully directed toward the forum ("specific jurisdiction"). A single contact can suffice to establish personal jurisdiction, but where jurisdiction is based on a single contact, the nature and quality of the contact is determinative. The principal test of foreseeability in a due process analysis "is that the defendant's conduct and connection with the forum state are such that he should reasonably anticipate the possibility of defending a suit in the forum.
When a pleading is filed, the opposing party typically must be served with a copy. A court can obtain personal jurisdiction if both parties consent to it. For example, a defendant may consent to the court's jurisdiction by filing a response to the lawsuit with that court. As a condition of incorporating or doing business in the state, a company is often required to consent, in advance, to personal jurisdiction in the state and to provide the Secretary of State with an agent to accept service of process. A person may grant consent by signing a contract that has a provision requiring you to agree in advance to the personal jurisdiction of a state.
Venue is typically proper where the defendant resides, conducts business, where a contract is formed, where an accident occurs, or where the contract provides for the case to be brought. Typically, a defendant needs to have minimum contacts with the forum to pass due process requirements for being served with a complaint. Due process requires it to be reasonably foreseeable that a person would be called to defend in that court.
Generally, the requirement of minimum contacts means that the defendant has to have taken actions that were purposefully directed towards the forum state. Such actions may include, among others, selling goods in the state, being incorporated in the state, visiting the state, or bringing property in the state.
Venue is the local area in which a court, that has jurisdiction, may try a case. Jurisdiction is the geographical area within which a court has the right and power to operate. A court system may have jurisdiction to take a case in a wide geographical area, but the proper venue for the case may be one place within that area for the convenience of the parties. Jurisdiction is subject to fixed rules; however, venue is often left to the discretion of the judge.
Venue is the legally proper or most convenient place where a particular case should be filed or handled. Every state has rules determining the proper venue for different types of lawsuits. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. The state, county or district in which a lawsuit is filed or a hearing or trial in that action is conducted is called the forum. For various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the discretion of a judge in the court where the case or prosecution was originally filed. Reasons for such a request may include a clause in a contract stating that any action must be brought in a certain other venue, or pretrial publicity may be claimed to have tainted the potential jurors in that venue from rendering an impartial judgment.