Section 25.15 Concepts of Jurisdiction and Limitations

• Library: Family Law Deskbook and 2014 Supp

A. (§25.15) Concepts of Jurisdiction and Limitations

Recent Missouri court rulings in J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009), and Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010), clarify and demystify concepts of jurisdiction and limitations. These rulings emphasize that:

· only two kinds of jurisdiction exist in Missouri circuit courts:

Ø personal; and

Ø subject matter;

· both kinds of jurisdiction are founded on constitutional provisions:

Ø the United States Constitution governs personal jurisdiction; and

Ø the Missouri Constitution governs subject matter jurisdiction;

· statutes purporting to affect judicial authority can neither add to nor subtract from the circuit court’s subject matter jurisdiction;

· statutory limitations and subject matter jurisdiction are separate concepts; and

· UIFSA (Uniform Interstate Family Support Act), §§ 454.850–454.999, RSMo Supp. 2011, provisions impose statutory limitations that cannot affect the court’s subject matter jurisdiction.

Personal jurisdiction refers to a court’s power “to require a person to respond to a legal proceeding that may affect the person’s rights or interests.” J.C.W., 275 S.W.3d at 253. Conferred by the United States Constitution, Missouri courts’ power over persons inside and outside the state is tested under due process standards for fair play and substantial justice and for sufficient minimum contacts. See id. at 252 n.4, and 253. Any challenges to a court’s personal jurisdiction must be timely raised. In re Marriage of Berry, 155 S.W.3d 838, 841 (Mo. App. S.D. 2005). Personal jurisdiction may be waived or conferred by consent of the parties. See id.

In contrast, subject matter jurisdiction is “the court’s authority to render a judgment in a particular category of case.” J.C.W., 275 S.W.3d at 253. The Missouri Constitution directly bestows subject matter jurisdiction on its circuit courts as “original jurisdiction over all cases and matters, civil and criminal.” Mo. Const. art. V, § 14. This subject matter jurisdiction is plenary: it brings all criminal and civil cases and matters under the circuit courts’ authority. See J.C.W., 275 S.W.3d at 253–54. Unlike personal jurisdiction, subject matter jurisdiction may
not be waived, may not be conferred by consent of the parties, and can be challenged any time by any party or court, even
in collateral or subsequent proceedings. Hightower, 304 S.W.3d at 733. Any action taken by a court lacking subject matter...