What is APPEARANCE? Definition of APPEARANCE in Black's Law Dictionary
In practice. A coming into court as party to a suit, whether as plaintiff or defendant. Stephens v. Ringling, 102 S.C. 333, 86 S.E. 683, 685. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 A. 1044. The voluntary submission to a court's jurisdiction. Pacilio v. Scarpati, 300 N.Y.S. 473, 478, 165 Misc. 586; Braman v. Braman, 258 N.Y.S. 181, 186, 236 App.Div. 164.
"Appearance" is the act of appearing, coming, or being in sight, becoming visible or clear to apprehension of the mind, of being known as subject of observation or comprehension, or as a thing proved, of being obvious or manifest. Hallack & Howard Lumber Co. v. Bagly, 100 Colo. 402, 68 P.2d 442, 443.
Appearance anciently meant an actual coming into court, either in person or by attorney. Appearance may be made by the party in person or by his agent. Everett Ry., Light & Power Co. v. U. S., D.C.Wash., 236 F. 806, 808. But in criminal cases the personal appearance of the accused in court is often necessary.
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 a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit. Louisville & N. R. Co. v. Industrial Board of Illinois, 282 Ill. 136, 118 N.E. 483, 485. A special appearance is for the purpose of testing the sufficiency of service or the jurisdiction of the court; a general appearance is made where the defendant waives defects of service and submits to the jurisdiction. State v. Huller, 23 N.M. 306, 168 P. 528, 534, 1 A.L.R. 170.
An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, without the service of process, though process may be outstanding. 1 Barb.Ch.Pr. 77. It is said to be optional when entered by a person who intervenes in the action to protect his own interests, though not joined as a party; it occurs in chancery practice, especially in England; conditional, when coupled with conditions as to its becoming or being taken as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear ; de bene esse, when made provisionally or to remain good only upon a future contingency ; or when designed to permit a party to a proceeding to refuse to submit his person to the jurisdiction of the court unless it is finally determined that he has forever waived that right. Farmers Trust Co. v. Alexander, 334 Pa. 434, 6 A.2d 262, 265; subsequent, when made by a defendant after an appearance has already been entered for him by the plaintiff ; corporal, when the person is physically present in court.
An answer constitutes an "appearance." Wieser v. Richter, 247 Mich. 52, 225 N.W. 542, 543. A party who answers, consents to a continuance, goes to trial, takes an appeal, or does any other substantial act in a cause, although he has not been served with summons, is deemed to have entered his "appearance" unless he objects and preserves his protests to the jurisdiction of his person. Robinson v. Bossinger, 195 Ark. 445, 112 S.W.2d 637, 640. Acts of an attorney in prosecuting an action on behalf of his client constitute an "appearance." Pacilio v. Scarpati, 300 N.Y.S. 473, 165 Misc. 586.
Appearance by Attorney
This term and "appearance by counsel" are distinctly different, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attendance of an advocate without whose aid neither the party attending nor his attorney in his stead could safely proceed; and an appearance by attorney does not supersede the appearance by counsel. Mercer v. Watson, 1 Watts (Pa.) 351. See In re Ford's Estate, 163 N.Y.S. 960, 98 Misc. 100.
Appearance Day
The day for appearing; that on which the parties are bound to come into court. Cruger v. Mc- Cracken (Tex.Civ.App.) 26 S.W. 282. Compare City of Decatur v. Barteau, 260 Ill. 612, 103 N.E. 601, 602.
Appearance Docket
A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause. See McAdams v. Windham, 191 Ala. 287, 68 So. 51, 52.
Notice of Appearance
A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.
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That's the definition of APPEARANCE in Black's Law Dictionary - Courtesy of Cekhukum.com.
