APPEARANCE
appearance,n. Procedure. A coming into court as a party or interested person, or as a lawyer
on behalf of a party or interested person; esp., a defendant’s act of taking part in a lawsuit, whether
by formally participating in it or by an answer, demurrer, or motion, or by taking postjudgment
steps in the lawsuit in either the trial court or an ap-pellate court. [Cases: Appearance 1–29;
Federal Civil Procedure 561–574. C.J.S. Appearances §§ 2–59.] — appear,vb.
“The English courts did not, until modern times, claim jurisdiction over the person of the
defendant merely by service of summons upon him. It was deemed necessary to resort to further
process by attachment of his property and arrest of his person to compel ‘appearance,’ which is not
mere presence in court, but some act by which a person who is sued submits himself to the
authority and jurisdiction of the court. Any steps in the action, such as giving bail upon arrest,
operated as an appearance or submission.” Benjamin J. Shipman, Handbook of Com-mon-Law
Pleading § 5, at 24 (Henry Winthrop Ballantine ed., 3d ed. 1923).
“The term ‘appearance’ is used particularly to signify or designate the overt act by which one
against whom suit has been commenced submits himself to the court’s jurisdiction, although in a
broader sense it embraces the act of either plaintiff or defendant in coming into court …. An
appearance may be expressly made by formal written or oral declaration, or record entry, or it may
be implied from some act done with the intention of appearing and submitting to the court’s
jurisdiction.” 4 Am. Jur. 2d Appearance § 1, at 620 (1995).
appearance de bene esse.See special appearance.
appearance pro hac vice (proh hak vI-see or proh hahk vee-chay). [Latin] An appearance
made by an out-of-state lawyer for one particular case, usu. by leave of court. • For more on the
pronunciation of this term, see PRO HAC VICE. [Cases: Attorney and Client 10. C.J.S. Attorney
and Client §§ 26–28.]
appearance under protest.English & Canadian law. See special appearance.
compulsory appearance.An appearance by one who is required to appear by having been
served with process. [Cases: Appearance 1. C.J.S. Appearances §§ 2–4, 6.]
general appearance.A general-purpose appearance that waives a party’s ability later to dispute
the court’s au-thority to enter a binding judgment against him or her. [Cases: Appearance 8(1),
19(1); Federal Civil Pro-cedure 566. C.J.S. Appearances §§ 6, 13, 18–19, 21–22, 24, 30, 34, 39,
53.]
initial appearance.A criminal defendant’s first appearance in court to hear the charges read, to
be advised of his or her rights, and to have bail determined. • The initial appearance is usu.
required by statute to occur without undue delay. In a misdemeanor case, the initial appearance
may be combined with the arraignment. See ARRAIGNMENT. [Cases: Arrest 70; Criminal Law
261–264. C.J.S. Arrest §§ 61–64; Criminal Law §§ 355, 357–360, 362–363.]
limited appearance.See special appearance.
special appearance. 1. A defendant’s pleading that either claims that the court lacks personal
jurisdiction over the defendant or objects to improper service of process. 2. A defendant’s showing
up in court for the sole purpose of contesting the court’s assertion of personal jurisdiction over the
defendant. • Special appearances have been abolished in federal court. Fed. R. Civ. P. 12(b). —
Also termed limited appearance; appearance de bene esse; (in English & Canadian law)
appearance under protest. [Cases: Appearance 9(2, 3); Federal Civil Procedure 565. C.J.S.
Appearances §§ 4, 7, 23, 25–28.] A
voluntary appearance.An appearance entered by a party’s own will, without the service of
process. [Cases: Ap-pearance 1. C.J.S. Appearances §§ 2–4, 6.] [Blacks Law 8th]