the required coming into court of a plaintiff or defendant in an action either by himself or
herself (PRO SE) or through an attorney. An apperance involves a voluntay submission to the
jurisdiction of the court.
EXAMPLE: Suze is arrested for possessing more than 25 grams of marijuana. Once she employs an attorney, the attorney files a notice of apperance with the court stating that he or she is Suze's attorney and will represent her in the forthcoming trial.'
COMPULSORY APPEARANCE: an apperance compelled by service of process.
GENERAL APPEARANCE: a party's apperance at a proceeding for any reason other than for questioning the court's jurisdiction.
SPECIAL APPEARANCE: an apperance for the sole purpose of questioning the jurisdiction of the court over the defendant and the authority of the court to compel his apperance for any other purpose.
EXAMPLE: A seller agrees to provide a buyer with certain goods. one clause in the contract states that, if the goods are defective, the buyer can only sue in the seller's home state. The goods turn out to be defective, but the buyer files suit in a court in the buyer's hoe state. The seller makes a special apperance in the court only for the purpose of challenging that court's jurisdiction based on the clause in the contract. by such an apperance, the seller does not acknowledge the court's right to entertain the buyer's suit against him.
VOLUNTARY APPEARANCE: an appearance by one who has not been required to appear by service of process.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016