North Carolina § 1-75 - 4. Personal jurisdiction, grounds for generally.

§ 1-75. 4. Personal jurisdiction, grounds for generally.

A court of this State having jurisdiction of the subject matter has jurisdiction over a person served in an action pursuant to Rule 4(j), Rule 4(j1), or Rule 4(j3) of the Rules of Civil Procedure under any of the following circumstances: Local Presence or Status. - In any action, whether the claim arises within or without this State, in which a claim is asserted against a party who when service of process is made upon such party: Is a natural person present within this State; or Is a natural person domiciled within this State; or Is a domestic corporation; or Is engaged in substantial activity within this State, whether such activity is wholly interstate, intrastate, or otherwise. Special Jurisdiction Statutes. - In any action which may be brought under statutes of this State that specifically confer grounds for personal jurisdiction. Local Act or Omission. - In any action claiming injury to person or property or for wrongful death within or without this State arising out of an act or omission within this State by the defendant. Local Injury; Foreign Act. - In any action for wrongful death occurring within this State or in any action claiming injury to person or property within this State arising out of an act or omission outside this State by the defendant, provided in addition that at or about the time of the injury either: Solicitation or services activities were carried on within this State by or on behalf of the defendant; Products, materials or thing processed, serviced or manufactured by the defendant were used or consumed, within this State in the ordinary course of trade; or Unsolicited bulk commercial electronic mail was sent into or within this State by the defendant using a computer, computer network, or the computer services of an electronic mail service provider in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider. Transmission of commercial electronic mail from an organization to its members shall not be deemed to be unsolicited bulk commercial electronic mail. Local Services, Goods or Contracts. - In any action which: Arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to perform services within this State or to pay for services to be performed in this State by the plaintiff; or Arises out of services actually performed for the plaintiff by the defendant within this State, or services actually performed for the defendant by the plaintiff within this State if such performance within this State was authorized or ratified by the defendant; or Arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to deliver or receive within this State, or to ship from this State goods, documents of title, or other things of value; or Relates to goods, documents of title, or other things of value shipped from this State by the plaintiff to the defendant on his order or direction; or Relates to goods, documents of title, or other things of value actually received by the plaintiff in this State from the defendant through a carrier without regard to where delivery to the carrier occurred. Local Property. - In any action which arises out of: A promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to create in either party an interest in, or protect, acquire, dispose of, use, rent, own, control or possess by either party real property situated in this State; or A claim to recover for any benefit derived by the defendant through the use, ownership, control or possession by the defendant of tangible property situated within this State either at the time of the first use, ownership, control or possession or at the time the action is commenced; or A claim that the defendant return, restore, or account to the plaintiff for any asset or thing of value which was within this State at the time the defendant acquired possession or control over it; or A claim related to a loan made in this State or deemed to have been made in this State under G.S. 24-2.1, regardless of the situs of the lender, assignee, or other holder of the loan note and regardless of whether the loan payment or fee is received through a loan servicer, provided that: (i) the loan was made to a borrower who is a resident of this State, (ii) the loan is incurred by the borrower primarily for personal, family, or household purposes, and (iii) the loan is secured by a mortgage or deed of trust on real property situated in this State upon which there is located or there is to be located a structure or structures designed principally for occupancy of from one to four families. Deficiency Judgment on Local Foreclosure or Resale. - In any action to recover a deficiency judgment upon an obligation secured by a mortgage, deed of trust, conditional sale, or other security instrument executed by the defendant or his predecessor to whose obligation the defendant has succeeded and the deficiency is claimed either: In an action in this State to foreclose such security instrument upon real property, tangible personal property, or an intangible represented by an indispensable instrument, situated in this State; or Following sale of real or tangible personal property or an intangible represented by an indispensable instrument in this State under a power of sale contained in any security instrument. Director or Officer of a Domestic Corporation. - In any action against a defendant who is or was an officer or director of a domestic corporation where the action arises out of the defendant's conduct as such officer or director or out of the activities of such corporation while the defendant held office as a director or officer. Taxes or Assessments. - In any action for the collection of taxes or assessments levied, assessed or otherwise imposed by a taxing authority of this State after the date of ratification of this act. Insurance or Insurers. - In any action which arises out of a contract of insurance as defined in G.S. 58-1-10 made anywhere between the plaintiff or some third party and the defendant and in addition either: The plaintiff was a resident of this State when the event occurred out of which the claim arose; or The event out of which the claim arose occurred within this State, regardless of where the plaintiff resided. Personal Representative. - In any action against a personal representative to enforce a claim against the deceased person represented, whether or not the action was commenced during the lifetime of the deceased, where one or more of the grounds stated in subdivisions (2) to (10) of this section would have furnished a basis for jurisdiction over the deceased had he been living. Marital Relationship. - In any action under Chapter 50 that arises out of the marital relationship within this State, notwithstanding subsequent departure from the State, if the other party to the marital relationship continues to reside in this State. History (1967, c. 954, ss. 2, 10; 1969, c. 803; 1981, c. 815, s. 4; 1983, c. 231; 1995, c. 389, s. 1; 1999-212, s. 1; 2007-351, s. 2; 2008-187, s. 1.) Editor's Note. - The Rules of Civil Procedure, referred to above, are found in G.S. 1A-1 . Effect of Amendments. - Session Laws 2007-351, s. 2, effective August 16, 2007, added sub-subdivision (6)d. Session Laws 2008-187, s. 1, effective August 7, 2008, made a minor stylistic change in subdivision (6)c. Legal Periodicals. - For note on constitutionality of constructive service of process on missing defendants, see 48 N.C.L. Rev. 616 (1970). For article on modern statutory approaches to service of process outside the State, see 49 N.C.L. Rev. 235 (1971). For article, "Recognition of Foreign Judgments," see 50 N.C.L. Rev. 21 (1971). For article, "Statutes of Limitations in the Conflict of Laws," see 52 N.C.L. Rev. 489 (1974). For survey of 1973 case law with regard to in personam jurisdiction over out-of-state corporations, see 52 N.C.L. Rev. 850 (1974). For comment discussing the conflict of this section with G.S. 1-21 prior to the 1979 amendment to G.S. 1-21 , see 12 Wake Forest L. Rev. 1041 (1976). For survey of 1976 case law on civil procedure, see 55 N.C.L. Rev. 914 (1977). For survey of 1977 law on civil procedure, see 56 N.C.L. Rev. 874 (1978). For survey of 1978 law on civil procedure, see 57 N.C.L. Rev. 891 (1979). For article on long-arm jurisdiction and minimum contacts, see 58 N.C.L. Rev. 407 (1980). For survey of 1979 law on civil procedure, see 58 N.C.L. Rev. 1261 (1980). For comment on jurisdiction based upon attachment, see 16 Wake Forest L. Rev. 377 (1980). For article, "Foreign Corporations in North Carolina: The 'Doing Business' Standards of Qualification, Taxation, and Jurisdiction," see 16 Wake Forest L. Rev. 711 (1980). For survey of 1981 law on civil procedure, see 60 N.C.L. Rev. 1214 (1982). For survey of 1983 law on civil procedure, see 62 N.C.L. Rev. 1107 (1984). For civil procedure note, "North Carolina Adopts the Stream of Commerce Theory of Jurisdiction: A Step in the Right Direction," see 20 Wake Forest L. Rev. 737 (1984). For note, "Miller v. Kite, 313 N.C. 474 , 329 S.E.2d 663 (1985): Should Domestic Disputes Require the Maximum or Minimum Contacts?," see 64 N.C.L. Rev. 825 (1986). For note on the North Carolina Supreme Court's rejection of the minimum contacts analysis under the "transient rule" of jurisdiction, see 66 N.C.L. Rev. 1051 (1988). For note, "Burnham v. Superior Court: The Supreme Court Agrees on Transient Jurisdiction in Practice, But Not in Theory," see 69 N.C.L. Rev. 1271 (1991). For article, "Jurisdiction Over Those Who Breach Their Contracts: The Lessons of Burger King," see 72 N.C.L. Rev. 55 (1993). For comment, "No Notice, No Hearing, No Problem? The Constitutionality of North Carolina's Prejudgment Statute," see 31 Campbell L. Rev. 557 (2009). For article, "Mapping the World Wide Web: Using Calder v. Jones to Create a Framework for Analyzing When Statements Written on the Internet Give Rise to Personal Jurisdiction," see 87 N.C.L. Rev. 1952 (2009).