Consent may arise from a forum selection clause, appearance without objection, or registration statutes providing that registration constitutes consent. Personal jurisdiction is waivable unlike subject matter jurisdiction.
Mallory upheld registration-based consent statutes.
Alternative Names:
Jurisdictional Consent|Forum Selection Consent
Why it Matters?
Waiver by conduct is the recurring trap, since filing a motion or answer without raising personal jurisdiction forfeits the defense under Rule 12(h), and even litigating the merits before raising it may waive. Forum selection clauses are enforced under Atlantic Marine through transfer rather than dismissal in federal court, which is a procedural distinction affecting which law applies after transfer.
Frequently Confused with
Related terms
Frequently asked questions
How is the defense waived?
How are forum selection clauses enforced federally?
