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258E Guideline 3:02A: Personal Jurisdiction over a Non-Resident Defendant

Part of the Guidelines of Judicial Practice: Harassment Prevention Proceedings.
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Guideline 3:02A

Since personal jurisdiction is a defense that must be raised, it need not be addressed at the ex parte hearing and the judge should issue any and all orders necessary to protect the plaintiff from further harassment.

Even if there is a question as to personal jurisdiction over a non-resident defendant, a court should nevertheless issue a harassment prevention order if the standard has been met. See Guideline 4:02 Ex Parte Orders and a Non-Resident Defendant.

Commentary

Lack of personal jurisdiction is an affirmative defense which, if not raised, is waived. Am. Int’l Ins. Co. v. Robert Seuffer GMBH & Co. KG, 468 Mass. 109, 118 (2014). See also Lamarche v. Lussier, 65 Mass. App. Ct. 887, 890 (2006) (defense of lack of personal jurisdiction must be brought to the attention of the court). See Guideline 5:01B Personal Jurisdiction: Objection.

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Last updated: October 20, 2025

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