Appearance (law)
In law, an appearance (from Latin apparere, to appear) occurs when a party to a lawsuit physically appears in court, or to a formal act through which a defendant submits to the jurisdiction of the court in which the lawsuit is pending.[1]
History
This section is largely based on an article in the out-of-copyright Encyclopædia Britannica Eleventh Edition, which was produced in 1911. (January 2011) |
The defendant in an action in the
Forms
An appearance may occur when a party physically appears in a court proceeding, or through the filing of a written document with the court. Failure to appear in a timely manner may result in the entry of a default against the non-appearing party. By default, a party's appearance in a court proceeding is unconditional. The effect is to acknowledge the court's jurisdiction over the party who has made the appearance, and to waive any irregularity in service or commencement of proceedings.[2]
In order to avoid conceding jurisdiction, waiving irregularities, or both, a party may file a conditional appearance. A conditional appearance has two primary forms, the limited appearance, which disputes liability to the limited extent of identified property, and the special appearance, which allows a defendant to dispute the personal jurisdiction of the court over the defendant so as to avoid default while the defendant seeks the dismissal of the action. A conditional appearance may be both conditional and special.
Limited appearance
A limited appearance is a term used in the
Special appearance
A special appearance is a term used in the
In response to the apparent inequity presented by this situation, most states have passed
Beginning in the late 1990s, adherents of the
References
- ^ a b Chisholm, Hugh, ed. (1911). . Encyclopædia Britannica. Vol. 2 (11th ed.). Cambridge University Press. p. 217.
- ISBN 9780409324693.
- ^ a b Kanne, J.J. (1984). "Special Appearance Rule in Iowa: Last Century's Innovation Becomes a Present Day Anomaly". Iowa Law Review. 70: 501.
- ISBN 9781634605847.
- ^ Brinkerhoff, Scott (2009). "Traveling through the Jungle of Personal Jurisdiction in the Internet Age". Science and Technology Law Review. 12 (1): 83.