If I'm suing a website for defamation, what arena is it in?

[redstar1324]

If it's a website that's hosted in California, and I am in Florida... do I file it with my county in Florida?

Also, if they don't show up... would I win by default?

Would it be federal?

I would assume that someone who hosts a website from across the country would probably not want to come thousands of miles for some website, but I could be wrong.

 

[army judge]

Of course you can bring a lawsuit to sue anyone before a court of competent jurisdiction in your state.

The defendant would simply bring the matter before a federal court in his or her state using the "diversity jurisdiction" of the federal courts.

Fast forward, the federal court will assume jurisdiction of the matters under dispute, thereby moving the lawsuit to a federal court in the defendant's state.


Why?

Read on, OP.


EXCERPTED federal law regarding "diversity jurisdiction" of federal courts.
(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State;
(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
(4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.


If you're considering a small claims lawsuit against a foreign (to your state) defendant (from another state) forget it.

It's a waste of your time, because a small claims court in Alabama has no jurisdiction over a defendant in Indiana.

If the your damages are alleged to be less that 75K, there are other defenses the prospective defendant could assert to kill your case before it gets started.

 

[adjusterjack]

What, exactly, did this website say about you and how did it come about?

You might be wasting your time due to the difficulties posted by Army Judge but you might also be wasting your time if you have no case to start with.