Legal Definitions - transitory action

A transitory action is a type of legal case or lawsuit that can be filed in any court that has proper jurisdiction over the parties involved, regardless of where the event or issue that led to the lawsuit actually occurred. Unlike "local actions," which must be brought in a specific geographic location (often where real estate is situated), a transitory action is not tied to a particular place.

These types of actions typically involve personal wrongs, contracts, or personal property, where the focus is on the defendant's personal liability rather than a specific piece of land or immovable property.

Here are some examples illustrating a transitory action:

• Breach of Contract: Imagine a graphic designer based in Oregon completes a website design project for a client whose business is located in Georgia. If the client fails to pay the agreed-upon fee, the designer can sue the client for breach of contract. This lawsuit could potentially be filed in Oregon (where the designer is located and much of the work was performed), in Georgia (where the client's business is located), or in any other state where the client can be legally served with court papers. The action is "transitory" because the dispute is about a personal obligation (the contract) and not tied to a specific piece of land, allowing the designer flexibility in choosing a suitable court.

• Personal Injury from an Accident: Consider a situation where a driver from Ohio is involved in a car accident with a driver from Michigan while both are traveling through Pennsylvania. The Michigan driver suffers injuries and wants to sue the Ohio driver for negligence. This personal injury lawsuit is a transitory action. The Michigan driver could potentially file the lawsuit in Ohio (where the defendant resides), in Michigan (if the Ohio driver has sufficient connections there), or in Pennsylvania (where the accident occurred). The legal claim is about personal damages and fault, not about the specific location of the accident itself, giving the plaintiff options for where to pursue the case.