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Encyclopedia > General appearance

A special appearance is a term used in the United States law of civil procedure to describe a civil defendant's appearance in the court of another state solely to dispute the personal jurisdiction of the court over that defendant. Prior to the advent of this procedure, defendants had to either appear in the other state's court to defend the case on the merits, or not show up in court at all, and then mount a collateral attack on any judgment rendered against them, when the plaintiff came to the defendant's state to collect on the judgment. In a legal catch-22, if the defendant appeared solely to contest jurisdiction, the court would then be permitted to assert jurisdiction based on the defendant's presence. Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A state of the United States (U.S. state) is any one of the fifty states, four of which officially favor the term commonwealth which, along with the District of Columbia, form the United States of America. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ... Catch 22 can refer to: A book by Joseph Heller, or the movie based on the book; see Catch-22. ...


In response to the apparent inequity presented by this situation, most states have passed statutes permitting the defendant to make a special appearance in the courts of the state to contest jurisdiction, without further subjecting themselves to the jurisdiction of the court. However, there is no such procedure in U.S. federal courts. Where a special appearance is permitted, the term general appearance is used in contrast for the normal type of appearance in court. A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ...


See also International Shoe v. Washington. Holding Suit cannot be brought against an individual unless they have minimum contacts with the forum state, and such lawsuit does not offend traditional notions of fair play and substantial justice. ...


  Results from FactBites:
 
CITES BY TOPIC: appearance (912 words)
See e.g., Fed.R.Crim.P. An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter is a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit.
A special appearance is for the purpose of testing or objecting to the sufficiency of service or the jurisdiction of the court over defendant without submitting to such jurisdiction; a general appearance is made where the defendant waives defects of service and submits to the jurisdiction of court.
Whitman,-the court, after referring to the general rule as to the presumption of jurisdiction in superior courts of general jurisdiction, said that such presumptions 'only arise with respect to jurisdictional facts concerning which the record is silent.
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