2
I. INTRODUCTION
A. The Concept of Jurisdiction.
1. Various Meanings.
(a) [§1] In General.
(b) [§2] Power To Apply Substantive Law Remedies.
2. [§3] Agreements .'Ousting Court of Jurisdiction."
3. [§4] "Jurisdictional" Distinguished From "Mandatory."
3a. [§4A] (New) "Jurisdictional Classification."
4. [§5] Legislative Jurisdiction Distinguished.
B. [§6] Restatement Analysis of Jurisdiction.
C. The Jurisdiction Statute.
1. [§7] In General.
2. [§8] All Judicially Recognized Bases Approved.
D. [§9] Outline of Treatment in This Chapter.
II. JURISDICTION OF THE SUBJECT MATTER
A. In General.
1. [§10] Nature of Jurisdiction of Subject Matter.
2. [§11] Personal Jurisdiction Distinguished.
3. Jurisdiction Cannot Be Conferred by Consent.
(a) [§12] General Principle.
(b) Distinctions and Qualifications.
(1) [§13] Pleading Determining Jurisdiction.
(2) "Estoppel" to Deny Jurisdiction "Invoked."
(aa) [§14] In General.
(bb) [§15] Where Priority of Jurisdiction Involved.
(3) Jurisdiction Created by Interpretation or Acquiescence.
(aa) [§16] Failure To Challenge Insufficient Complaint.
(bb) [§17] Failure To Challenge Jurisdictional Facts.
(cc) [§18] Reviewing Court Jurisdiction.
4. Original and Appellate Jurisdiction.
(a) [§19] In General.
(b) [§20] Appellate Jurisdiction Where No Original Jurisdiction.
B. Competency of Court: Amount in Controversy.
1. [§21] In General.
2. Determination of Amount of Demand: Single Claim.
(a) Prayer Ordinarily Determinative.
(1) [§22] Actual Recovery Not Controlling.
(2) [§23] Matters Included in Demand.
(3) [§24] Interest and Costs.
(4) Attorneys' Fees.
(aa) [§25] Fees Recoverable by Statute.
(bb) [§26] Fees Recoverable by Contract.
(cc) [§27] Prevailing Party Provision.
(5) [§28] Waiver of Excess Recovery.
(b) Prayer in Bad Faith.
(1) [§29] Jurisdiction Nevertheless Established.
(2) [§30] Effect of Puffing.
(c) Examination of Entire Complaint.
(1) [§31] In General.
(2) [§32] Insufficiency of Allegations.
(d) [§33] Where Part of Claim Barred by Limitations.
(e) [§34] Value of Property.
(f) [§35] Rental Value in Forcible Entry and Unlawful Detainer.
(g) Effect of Cross‑Complaint.
(1) [§36] Small Demand by Cross‑Complaint.
(2) [§37] Large Demand by Cross‑Complaint.
3. Determination of Amount of Demand: Joined Claims.
(a) Aggregate Determinative.
(1) [§38] Single Plaintiff and Single Defendant.
(2) [§39] Joint Claim: Two Persons Treated as Single Plaintiff.
(3) [§40] Single Liability: Two Persons Treated as Single Defendant.
(b) Each Claim Determinative.
(1) [§41] Single Plaintiff But Several Defendants.
(2) [§42] Several Plaintiffs.
(c) [§43] Larger Claim Determinative.
4. [§44] Determination of Amount of Demand: Class Actions.
C. Competency of Court: Type of Action or Proceeding.
1. Actions or Proceedings.
(a) [§45] In General.
(b) Exclusive Jurisdiction in Superior Court.
(1) [§46] In General.
(2) Actions Involving Legality of Tax.
(aa) [§47] What Constitutes Tax.
(bb) [§48] When Legality Is Involved.
(c) [§49] Exclusive Jurisdiction in Administrative Tribunal.
(d) [§50] Civil Claim in Criminal Case.
2. Equity Cases.
(a) [§51] Complaint, Not Judgment, Determinative.
(b) [§52] Complaint Insufficient for Equitable Relief.
(c) Action for Declaratory Relief.
(1) [§53] In General.
(2) [§54] Construction of Complaint as for Declaratory Relief.
(d) [§55] Cross‑Complaint Conferring Jurisdiction.
(e) [§56] Cross‑Complaint Ousting Jurisdiction.
D. Federal Jurisdiction.
1. [§57] Federal Judicial Power.
2. Federal Court System.
(a) [§58]
(b) [§59]
(c) United States Supreme Court.
(1) [§60] Original Jurisdiction.
(2) [§61] Appellate Jurisdiction.
(d) Other Courts.
(1) [§62] Court of Federal Claims.
(2) [§63] Court of International Trade.
(3) [§64] Tax Court.
(4) [§65] Court of Appeals for the Armed Forces.
3. Civil Jurisdiction of District Court.
(a) [§66] Federal Question.
(b) Diversity of Citizenship.
(1) [§67] In General.
(2) [§68] Corporations.
(3) [§69] Partnerships and Other Unincorporated Associations.
(4) [§70] Political Subdivisions of State.
(c) Jurisdiction Without Monetary Minimum.
(1) [§71] Based on Subject Matter.
(2) [§72] Based on Party.
(d) Pendent and Ancillary Jurisdiction.
(1) [§73] In General.
(2) [§74] Judicial Improvements Act of 1990.
4. Where District Court's Jurisdiction Exclusive.
(a) [§75] In General.
(b) [§76] Admiralty, Maritime, and Prize Cases.
(c) [§77] Bankruptcy Cases and Proceedings.
(d) [§78] Patent and Copyright Cases.
(e) [§79] Recovery or Enforcement of Fine, Penalty, or Forfeiture Under Federal Statute.
(f) [§80] Proceedings Against Foreign Consuls or Members of Diplomatic Missions.
(g) [§81] Criminal Jurisdiction.
5. Concurrent Jurisdiction With State Courts.
(a) [§82] Express Grant.
(b) [§83] Where Not Denied.
(c) Removal to Federal Court.
(1) [§84] Causes Removable.
(2) [§85] Procedure.
6. Federal Jurisdiction Denied.
(a) [§86] In General.
(b) [§87] Interference With State Proceedings.
(c) [§88] No Habeas Corpus in Custody Case.
E. Other Matters Affecting Jurisdiction of Subject Matter.
1. Unconstitutionality of Statute.
(a) [§89] Criminal Statute.
(b) [§90] Civil Statute.
2. [§91] Sovereign Immunity.
3. [§92] Violation of Jurisdictional Time Limit.
4. Failure to Exhaust Administrative Remedy.
(a) [§93] Traditional View.
(b) [§94] Waiver of Defense.
(c) [§95] Federal Administrative Procedure Act.
5. [§96] Vesting of Jurisdiction in Reviewing Court.
6. [§97] Court Unable To Provide Relief.
7. [§98] Other Illustrations: Civil Cases.
8. [§99] Other Illustrations: Criminal Cases.
F. Nonjurisdictional Matters.
1. Defects of Parties.
(a) [§100] In General.
(b) [§101] Absence of Indispensable Party.
2. [§102] Defects of Pleading.
3. [§103] Defects of Process.
4. [§104] Statutory Condition Precedent.
5. [§105] Statute of Limitations and Other Time Provisions.
6. Res Judicata.
(a) [§106] General Principle.
(b) [§107] Distinctions.
III. JURISDICTION OVER PERSONS
A. Nature and Elements.
1. In General.
(a) [§108] Traditional Analysis.
(b) [§109] Jurisdiction Statute of 1969.
2. Jurisdiction of State.
(a) [§110] General Principles.
(b) Due Process and Sovereignty.
(1) [§111] In General.
(2) [§112] Rejection of Foreseeability Theory.
(3) [§113] Due Process Not Satisfied by Contract Alone.
3. Notice and
(a) [§114] Nature of Requirement.
(b) [§115] Fraudulent Service.
(c) [§116] Notice in Special Proceeding.
(d) [§117] Notice in Proceeding After Judgment.
(e) Sufficiency of Notice.
(1) [§118] Personal Service.
(2) Substituted Service.
(aa) [§119] In General.
(bb) [§120] Service by Mail.
(cc) [§121] Service by Publication.
4. Statutory Requirements of Service.
(a) [§122] Necessity of Compliance.
(b) [§123] Jurisdiction and Process Statute.
B. Bases of Jurisdiction: In General.
1. Presence.
(a) [§124] General Rule.
(b) Person Brought in by Force.
(1) [§125] In General.
(2) [§126] Criminal Cases.
(c) [§127] Person Brought in by Fraud.
(d) [§128] Person Immune From Process.
2. Domicile.
(a) [§129] In General.
(b) [§130] Military Pension.
3. [§131] Residence.
4. [§132] Nationality and Citizenship.
5. Doing Business in State.
(a) [§133] Causes Arising From Business Done.
(b) [§134] Causes Not Arising From Business Done.
(c) Exercise of Limited Jurisdiction.
(1) [§135] In General.
(2) [§136] Jurisdiction Denied.
(3) [§137] Jurisdiction Upheld.
6. Doing Act in State.
(a) [§138] Development of Doctrine.
(b) Act Constituting Tort.
(1) [§139] In General.
(2) [§140] Conspiracy.
(3) [§141] Tort of Corporate Officer or Counsel.
(4) [§142] Tort of Corporate Agent.
(c) [§143] Act Not Constituting Tort.
7. Causing Effect in State.
(a) [§144] General Rule.
(b) Illustrations: Jurisdiction Rejected.
(1) [§145] Child Custody and Support.
(2) [§146] Other Cases.
(c) Illustrations: Jurisdiction Upheld.
(1) [§147] Child Custody and Support.
(2) [§148] Legal Separation.
(3) [§149] Other Cases.
(d) [§150] Repudiation of Fiduciary Shield Doctrine.
8. [§151] Ownership, Possession, or Use of Property.
9. (New) Domicile.
(a) [§151A] (New) In General.
(b) [§151B] (New) Necessity of Minimum Contacts.
(c) (New) Residence Compared.
(1) [§151C] (New) In General.
(2) [§151D] (New) Rules for Residence.
(d) [§151E] (New) Loss of Domicile.
(e) (New) Domicile of Minor Child.
(1) [§151F] (New) Common Law Rules.
(2) [§151G] (New) Statutory Rules.
(f) [§151H] (New) Domicile of Wife.
(g) (New) Domicile of Federal Employees and Military Personnel.
(1) [§151-I] (New) In General.
(2) [§151J] (New) Military Pension.
(h) [§151K] (New) Domicile of Incompetent.
C. Bases of Jurisdiction: Particular Persons.
1. Jurisdiction Over Plaintiff.
(a) [§152] Plaintiff's Cause of Action.
(b) Other Claims.
(1) [§153] General Rule.
(2) [§154] Exceptions.
2. [§155] Jurisdiction Over Domestic Corporations.
3. Jurisdiction Over Foreign Corporations.
(a) [§156] Bases of Jurisdiction: In General.
(b) [§157] Appointment of Agent.
(c) Doing Business in State.
(1) In General.
(aa) [§158] Theory of Jurisdiction.
(bb) [§159] What Constitutes Doing Business.
(cc) [§160] Insurance Business.
(2) Illustrations: Jurisdiction Upheld.
(aa) [§161] Solicitation.
(bb) [§162] Purchases by Mail or Telephone.
(cc) [§163] Promotional Activities.
(dd) [§164] Ships Calling at California Ports.
(dd-1) [§164A] (New) Electronic Contacts: In General.
(dd-2)
[§164B] (New) Electronic Contacts: Information Posted on Website.
(ee) [§165] Additional Illustrations.
(3) [§166] Illustrations: Jurisdiction Denied.
(d) [§167] Ownership and Control of Subsidiary.
(e) [§168] Corporation Surviving Merger.
(f) [§169] Causes Not Connected With Business in State.
(g) Effect of Withdrawal From State.
(1) [§170] After Intrastate Business.
(2) [§171] After Interstate Business.
4. [§172] Jurisdiction Over Defunct Corporation.
5. Jurisdiction Over Unincorporated Associations.
(a) [§173] Domestic Partnerships or Associations.
(b) [§174] Foreign Partnerships or Associations.
6. [§175] Jurisdiction Over Class: Representative Suits.
7. [§176] Jurisdiction Over Joint Debtors.
8. [§177] Jurisdiction Over Foreign Representative.
D. Consent to Jurisdiction.
1. [§178] In General.
2. Contractual Provisions.
(a) [§179] Provision for Extraterritorial Service.
(b) [§180] Provision for Arbitration.
(c) [§181] Provision for Venue.
3. [§182] Consent to Serve on Unknown Agent.
4. [§183] Failure To Comply With Discovery Orders.
E. Appearance as Basis of Jurisdiction.
1. Nature, Purpose and Effect of General Appearance.
(a) [§184] Definition and Scope of Doctrine.
(b) Right to Appear.
(1) [§185] In General.
(2) [§186] Defendant.
(3) [§187] Guardian or Conservator.
(4) [§188] Fugitive.
(5) [§189] Corporation.
(c) Submission to Jurisdiction and Waiver of Defects.
(1) [§190] In General.
(2) [§191] Distinction: General Appearance After Judgment.
(d) [§192] Personal Appearance Distinguished.
(e) Unauthorized Appearance.
(1) [§193] General Rule.
(2) Distinctions.
(aa) [§194] Collateral Attack.
(bb) [§195] Defendant Previously Served.
(cc) [§196] Mistake in Designation of Defendant.
2. Nature, Purpose and Effect of Special Appearance.
(a) [§197] Purpose.
(b) [§198] Requisites.
(c) [§199] Designation as Special Appearance Not Controlling.
3. Illustrations: Acts Constituting General Appearance.
(a) [§200] Notice of Appearance.
(b) [§201] Answer or Demurrer.
(c) [§202] Motions.
(d) [§203] Initiation of Discovery Proceedings.
(e) [§204] Answers to Interrogatories.
(f) Participation in Trial or Hearing.
(1) [§205] In General.
(2) [§206] Conduct Not Amounting to Waiver of Objection.
(3) [§207] Ex Parte Hearing.
(g) [§208] General Appearance in Ancillary Proceeding.
4. Illustrations: Acts Constituting Special Appearance.
(a) Motion To Quash Summons.
(1) [§209] In General.
(2) [§210] Time and Form.
(3) [§211] Burden of Proof.
(4) [§212] Successive Motions on Different Grounds.
(5) [§213] Motion Coupled With Motion To Vacate.
(6) [§214] Plaintiff's Appeal From Order Granting Motion.
(7) [§215] Defendant's Election After Denial.
(8) [§216] Extension of Time To Plead.
(9) [§217] Other Uses of Motion To Quash.
(b) [§218] Motion To Dismiss for Inconvenient Forum.
(c) [§219] Motion To Dismiss for Lack of Prosecution.
(d) [§220] Motion To Dismiss for Failure To Return Summons.
(e) Attack on Ancillary Proceeding.
(1) [§221] In General.
(2) [§222] Family Law Proceedings.
(f) [§223] Attempt To Extend Time To Plead.
(g) [§224] Objection to Interrogatories.
(h) [§225] Peremptory Challenge of Judge.
F. Extraterritorial Effect of Jurisdiction Over Person.
1. Order To Convey Land.
(a) [§226] Order Followed by Party's Deed.
(b) [§227] Order Followed by Court Officer's Deed.
(c) Decree as Conclusive of Equities.
(1) [§228] Early Theory of No Full Faith and Credit.
(2) [§229] Enforcement on Grounds of Comity.
(3) [§230] Enforcement on Constitutional Grounds.
(d) [§231] Declaratory Judgment.
2. [§232] Order To Refrain From Act.
3. [§233] Order To Do Act.
IV. JURISDICTION IN REM AND QUASI IN REM
A. Nature of Proceedings.
1. Actions in Rem.
(a) [§234] In General.
(b) [§235] Attenuation of Concept.
(c) [§236] Illustrations.
2. Actions Quasi in Rem.
(a) Personal Claim Satisfied Out of Property.
(1) [§237] General Principles.
(2) Methods of Obtaining Jurisdiction.
(aa) [§238] Attachment.
(bb) [§239] Garnishment.
(cc) [§240] Other Methods.
(3) Insurer's Duty Not Property.
(aa) [§241] Former Rule: Attachment Allowed.
(bb) [§242] Current Rule: Attachment Rejected.
(b) [§243] Determination of Property Interests of Particular Persons.
B. Elements of Jurisdiction.
1. In General.
(a) [§244] Subject Matter Within Territorial Jurisdiction.
(b) [§245] Minimum Contacts.
2. Jurisdiction of State Over Property.
(a) Land.
(1) [§246] General Principle.
(2)
[§247]
(b) [§248] Tangible Personal Property and Documents.
(c) Intangibles Not Embodied in Documents.
(1) [§249] In General.
(2) Local Contacts Theory.
(aa) [§250] Royalty Payments.
(bb) [§251] Pension Rights.
(3) [§252] Escheat.
3. Due Process:
Notice and
(a) [§253] Necessity of Notice.
(b) Sufficiency of Constructive Notice.
(1) [§254] General Principles.
(2) [§255] Publication and Seizure.
(3) Publication Alone.
(aa) [§256] Sufficient Notice.
(bb) [§257] Insufficient Notice.
(4) [§258] Posting.
4. [§259] Statutory Jurisdictional Notice Requirements.
5. [§260] Personal Judgment Against Defendant.
V. PROCEEDINGS INVOLVING STATUS
A. [§261] In General.
B. Dissolution of Marriage.
1. [§262] Domicile as Basis.
2. [§263] Presence of Both Parties as Basis.
3. [§264] Notice.
C. [§265] Declaration of Nullity (Annulment).
D. [§266] Legal Separation.
E. [§267] Adoption.
F. Custody of Child.
1. [§268] Traditional Bases: Domicile and Presence.
2. [§269] Uniform Child Custody Jurisdiction Act.
3. [§270] Notice.
G. Guardianship of the Person.
1. [§271] Domicile and Presence.
2. [§272] Notice.
H. [§273] Spousal Support.
J. [§275] Declaration of Paternity.
VI. JURISDICTION TO ACT AND EXCESS OF JURISDICTION
A. Nature of Doctrine of Excess of Jurisdiction.
1. [§276] In General.
2. [§277] Mistaken Analyses.
B. Nonjurisdictional Errors.
1. [§278] General Principle.
2. Defect of Pleading or Parties.
(a) [§279] Decisions Applying General Principle.
(b) [§280] Decisions Departing From Principle.
3. [§281] Procedural Error or Omission.
4. [§282] Judgment Outside Issues in Contested Case.
5. [§283] Insufficiency of Evidence.
6. Error of Substantive Law.
(a) [§284] In General.
(b) [§285] Decisions Applying General Principle.
(c) Decisions Departing From Principle.
(1) [§286] Lack of Legislative Jurisdiction.
(2) [§287] Erroneous Interpretation of Statute.
(3) [§288] Refusal To Follow Binding Precedent.
C. Errors in Excess of Jurisdiction.
1. [§289] Wrong Department of Court.
2. Jurisdictional Pleading Defects.
(a) [§290] Defect Affecting Subject Matter Jurisdiction.
(b) [§291] Defect Resulting in Act in Excess of Jurisdiction.
3. [§292] Noncompliance With Condition Precedent.
4. Denial of Fair Hearing.
(a) [§293] In General.
(b) [§294] Judge Disqualified or Not Impartial.
(c) [§295] No
Adequate Notice or
(d) [§296] Impairment of Right to Counsel.
(e) [§297] Impairment of Right to Jury Trial.
(f) [§298] Impairment of Right To Plead.
(g) [§299] Exclusion of Admissible Evidence.
(h) Improper Admission of Evidence.
(1) [§300] In General.
(2) [§301] Violation of Privilege.
(i) [§302] Unauthorized Modification of Stipulation for Judgment.
(j) [§303] Improper Dismissal of Appeal or Other Proceeding.
5. Judgment in Excess of Jurisdiction.
(a) [§304] Default Judgment Outside the Issues.
(b) [§305] Default Judgment in Class Action.
(c) Judgment for or Against Person Not a Party.
(1) [§306] Judgment in Favor.
(2) [§307] Judgment Against.
(d) [§308] Judgment for or Against Dead Person.
(e) [§309] Unauthorized Consent Judgment.
(f) Unauthorized Equitable Relief.
(1) [§310] Granting of Relief as Mere Error.
(2) [§311] Granting of Relief as Excess of Jurisdiction.
(g) [§312] Improper Award or Denial of Costs.
(h) [§313] Unauthorized Orders in Dissolution of Marriage.
(i) [§314] Unauthorized Orders of Probate Court.
(j) [§315] Interference With Administrative Discretion.
(k) [§316] Interference With Law Enforcement.
(l) [§317] Disregard of Voluntary Dismissal.
(m) [§318] Miscellaneous Unauthorized Orders.
6. Unauthorized Acts After Judgment.
(a) [§319] In General: No Jurisdiction of Subject Matter.
(b) [§320] Act in Excess of Jurisdiction.
(c) [§321] Attempt To Modify Final Judgment for Judicial Error.
(d) [§322] Correction of Clerical Error Without Notice.
D. Estoppel and Collateral Attack.
1. [§323] Nature of Problems.
2. Consent or Estoppel.
(a) [§324] In General.
(b) Unauthorized Modification of Judgment.
(1) [§325] Ineffective Express Consent.
(2) [§326] Fictional Consent.
3. Collateral Attack.
(a) [§327] Earlier Theory of Void Judgment.
(b) [§328] Collateral Attack Rejected.
(c) [§329] Collateral Attack Allowed.
VII. JURISDICTION TO DETERMINE JURISDICTION
A. Jurisdiction To Decide Jurisdictional Issue Initially.
1. [§330] In General.
2. [§331] Distinction: Jurisdiction To Proceed.
3. Effect of Initial Determination.
(a) [§332] General Principles.
(b) Temporary Restraining Order or Injunction.
(1)
[§333]
(2)
[§334]
B. Determination of Jurisdictional Issue as Res Judicata.
1. Jurisdiction of the Person.
(a) [§335] General Principle.
(b) [§336] Illustrations.
2. Jurisdiction of the Subject Matter.
(a) [§337] Theory and Problem of Policy.
(b) Exceptions.
(1) [§338] In General.
(2)
[§339]
(c) Illustrations.
(1) [§340] Constitutionality of Statute Creating Proceeding.
(2) [§341] Jurisdictional Facts in Probate.
(3) [§342] Domicile in Divorce Action.
(4) [§343] Title to Land on State Boundary.
3. [§344] Jurisdiction To Do Particular Act.
VIII. DUTY TO ASSUME JURISDICTION
1. [§345] In General.
2. Distinction: Contractual Forum Selection.
(a) [§346] Former Rule.
(b) [§347] Modern View.
(c) [§348] Cruise Line Tickets.
(d) [§349] Securities Action.
(e) [§350] Subcontractor's Contract.
3. [§351] Remedies for Refusal To Take Jurisdiction.
4. Jurisdiction To Determine Nonjurisdiction.
(a) [§352] Collateral Attack and Res Judicata.
(b) [§353] Direct Attack: Jurisdictional Error.
B. Exceptions: Discretionary Refusal To Assume Jurisdiction.
1. Federal Courts.
(a) [§354] In General.
(b) [§355] Actions Involving State Law or Policy.
(c) [§356] State Remedy Not Exhausted.
(d) [§357] Political Questions.
(e) [§358] Supreme Court's Original Jurisdiction Refused.
2. Foreign Causes of Action.
(a) [§359] Damages for Trespass to Foreign Land.
(b) [§360] Proceedings To Enforce Penalties or Tax Claims.
(c) Public Policy of Forum Opposed to Claim.
(1) [§361] General Principles.
(2)
[§362] No Similar Right in
(3)
(aa) [§363] Right Based on Federal Statute, Treaty, or Compact.
(bb) [§364] State Judgment.
3. Inconvenient Forum.
(a) [§365] Nature of Doctrine.
(b) Determinative Factors.
(1) [§366] In General.
(2) [§367] Federal Doctrine: Piper Aircraft Case.
(3)
[§368]
(c) [§369]
(d) Actions Under Federal Statutes.
(1) [§370] State Courts.
(2) [§371] Federal Courts.
(e) Plaintiff
(1) [§372] Doctrine Disfavored.
(2) [§373] Statutory Amendment.
(3) [§374] No Discretion to Dismiss.
(4) [§375] Distinction: Nominal Plaintiff.
(5) [§376] Distinction: Plaintiff's Election of Two Forums.
(f) Defendant Foreign Corporation.
(1) [§377] Internal Affairs.
(2)
[§378]
(g) [§379] Family Law Proceedings.
(h) [§380] Effect of Service of Suit Provision.
(i) [§381] Effect of Choice of Law Provision.
4. Misconduct of Plaintiff or Petitioner.
(a) [§382] Jurisdiction Obtained by Force or Fraud.
(b) [§383] Contempt of Prior Judgment or Order.
5. [§384] Controversy Nonjusticiable or Improper for Declaratory Relief.
6. Refusal by Reviewing Court.
(a) [§385] Refusal of Appellate Jurisdiction.
(b) [§386] Refusal of Original Jurisdiction.
IX. PREVENTION OF ERRONEOUS ASSUMPTION OF JURISDICTION
A. [§387] In General: Methods of Prevention.
B. Transfer Where Court Lacks Jurisdiction.
1. In General.
(a) [§388] Nature and Purpose of Statute.
(b) [§389] Transfer Mandatory.
(c) [§390] Improper Transfer.
2. Scope of Statute.
(a) [§391] Plaintiff's Case Beyond Jurisdiction.
(b) [§392] Cross‑Complaint Beyond Jurisdiction.
(c) [§393] Amended or Supplemental Complaint Beyond Jurisdiction.
(d) [§393A] (New) Subject Matter Jurisdiction Vested Elsewhere by Statute.
3. Procedure.
(a) [§394] In General.
(b) [§395] Determination of Lack of Jurisdiction.
(c) [§396] Transfer Fees and Costs.
(d) [§397] Proceeding Deemed Commenced in New Court.
(e) Retransfer.
(1) [§398] Discretionary Where Defect Appears During Trial.
(2) [§399] Mandatory Where Defect Appears Before Trial.
C. [§400] Defendant's Independent Action.
D. [§400A] (New) Limited Civil Case: Reclassification.
X. CONTINUING JURISDICTION
A. Jurisdiction Continuing Until Final Determination.
1. [§401] General Principle.
2. [§402] Jurisdiction Over Party.
3. [§403] Jurisdiction Over Subject Matter.
4. Jurisdiction Over Subsequent Proceedings.
(a) [§404] General Rule.
(b) [§405] Distinction: Wholly Disconnected Proceeding.
B. Jurisdiction Continuing After Final Determination.
1. [§406] Express Reservation.
2. Custody and Support Decrees.
(a) [§407] In General.
(b) [§408] Initial and Modification Jurisdiction.
3. [§409] Other Examples.
XI. CONCURRENT AND EXCLUSIVE JURISDICTION
A. Concurrent Jurisdiction Over Class of Proceedings.
1. [§410] In General.
2. [§411] Reviewing Courts.
3. [§412] Court and Administrative Board.
B. Priority of
1. In General.
(a) [§413] Jurisdiction or Comity.
(b) Policy Theory.
(1) [§414] In General.
(2) [§415] Where Parties Not Adverse in Previous Action.
(c) [§416] Distinction: Actions in Same Court.
2. Actions in Rem and Quasi in Rem.
(a) [§417]
(b) [§418] Federal and State Courts.
(c) [§419] Courts of Different States.
3. Actions in Personam.
(a) [§420] State Courts.
(b) Federal and State Courts.
(1) [§421] No Jurisdictional Priority.
(2) [§422] Discretion To Stay.
(3) [§423] State Cannot Enjoin Federal Suit.
(c) Tribunals of Different Exclusive Jurisdiction.
(1) [§424] Priority Over Determination of Jurisdiction.
(2) [§425] Estoppel To Challenge Jurisdiction Invoked.
4. [§426] Actions Involving Status.
5. Methods of Enforcing Priority.
(a) [§427] Relief From Trial Court.
(b) Relief From Reviewing Court.
(1)
[§428] Prohibition Against
(2)
[§429] Mandamus to
C. Priority Between Courts of Primary and Secondary Jurisdiction.
1. [§430] Nature of Problem.
2. [§431] Probate Court and Other Court.
3. [§432]
4. Custody.
(a) [§433]
(b)
(1)
[§434]
(2) [§435] Relitigation of Issues.
5. [§436] Support: