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LSDefine

Simple English definitions for legal terms

appearance

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A quick definition of appearance:

Appearance: When someone is sued or called to court, they need to show up or do what the court asks them to do. This is called making an appearance. It can mean going to court in person or doing things like filing papers. If you don't show up or do what you're supposed to, the court can make a decision without you. If you don't think the court has the right to make a decision about you, you can ask the court to decide that first before anything else happens. You can make an appearance in person or online, depending on what the court allows.

A more thorough explanation:

Definition: Appearance refers to a party showing up to court in response to a service of process. It includes physical presence in court and procedural compliance, such as filing an answer or participating in discovery. By making an appearance, a party consents to the court's exercise of personal jurisdiction over them and waives their right to challenge it later.

For example, if someone is sued and they show up to court to defend themselves, they have entered an appearance. If they fail to appear after being served, the court may issue a default judgment against them.

If a party does not believe the court can exercise personal jurisdiction over them, they can enter a special appearance for the exclusive purpose of determining jurisdiction. In federal court, a FRCP 12(b)2 motion accomplishes the same thing as a special appearance.

A party can make an appearance either in person or virtually, depending on the specific court and issue.

appear | appellant

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