Business & Insurance Litigation Newsletter for Indiana

Asserting Lack of Personal Jurisdiction Defense

A party preserves the defense of lack of personal jurisdiction by timely raising the issue by motion or in the party's answer. See Rule 12(B)(2) of the Indiana Rules of Trial Procedure. Once the issue is properly preserved, a defendant may proceed with a defense on the merits without waiving the jurisdictional issue. State v. Omega Painting, Inc., 463 N.E.2d 287, 292 (Ind. Ct. App. 1984). Nonetheless, a timely objection to personal jurisdiction may be waived if subsequent actions by the defendant go beyond matters of defense and seek affirmative relief from the court. Hotmix & Bituminous Equipment, Inc. v. Hardock Equipment Corp., 719 N.E.2d 824, 830 (Ind. Ct. App. 1999). However, conducting discovery on the merits of the case after a party has properly preserved the question of personal jurisdiction does not go beyond matters of defense so as to be deemed as seeking affirmative relief from the court. Omega Painting, 463 N.E.2d at 293.