Which rule governs lack of jurisdiction over the person?

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Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

Which rule governs lack of jurisdiction over the person?

Explanation:
Personal jurisdiction is the court’s authority to compel a defendant to appear and defend. When a defendant argues the court cannot do that, the issue is raised as a defense under the rule that covers lack of personal jurisdiction. In North Carolina practice, that defense is governed by Rule 12(b)(2). The other options address different problems: improper venue or division concerns where the case is filed, insufficiency of process concerns defects in the papers themselves, and insufficiency of service of process concerns whether the papers were properly served. So the rule that handles lack of jurisdiction over the person is the one for lack of personal jurisdiction.

Personal jurisdiction is the court’s authority to compel a defendant to appear and defend. When a defendant argues the court cannot do that, the issue is raised as a defense under the rule that covers lack of personal jurisdiction. In North Carolina practice, that defense is governed by Rule 12(b)(2). The other options address different problems: improper venue or division concerns where the case is filed, insufficiency of process concerns defects in the papers themselves, and insufficiency of service of process concerns whether the papers were properly served. So the rule that handles lack of jurisdiction over the person is the one for lack of personal jurisdiction.

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