appearance


appearance
A coming into court as party to a suit, either in person or by attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. The voluntary submission to a court's jurisdiction. In civil actions the parties do not normally actually appear in person, but rather through their attorneys (who enter their appearance by filing written pleadings, or a formal written entry of appearance). Also, at many stages of criminal proceedings, particularly involving minor offenses, the defendant's attorney appears on his behalf.
See e.g., Fed.R.Crim.P. 43.
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.
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. Insurance Co. of North America v. Kunin, 175 Neb. 260, 121 N.W.2d 372, 375, 376.
- notice to appear
Common law classifications.
At common law an appearance could be either compulsory or voluntary, the former where it was compelled by process served on the party, the latter where it was entered by his own will or consent, without the service of process, though process may be outstanding.
Also, optional when entered by a person who intervened in the action to protect his own interests, though not joined as a party; 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 was finally determined that he had forever waived that right; subsequent, when made by a defendant after an appearance had already been entered for him by the plaintiff; corporal, when the person was physically present in court.
@ appearance by attorney
An act of an attorney in prosecuting an action on behalf of his client. Document filed in court in which attorney sets forth fact that he is representing a party to the action
@ 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.
@
- notice of appearance

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • appearance — ap·pear·ance n 1: the presentation of oneself in court as a party to or as an attorney for a party to a lawsuit; also: a document filed in court by an attorney declaring his or her representation of a party to a lawsuit see also general… …   Law dictionary

  • Appearance — Ap*pear ance, n. [F. apparence, L. apparentia, fr. apparere. See {Appear}.] 1. The act of appearing or coming into sight; the act of becoming visible to the eye; as, his sudden appearance surprised me. [1913 Webster] 2. A thing seed; a… …   The Collaborative International Dictionary of English

  • appearance — appearance, look, aspect, semblance denote the outward show presented by a person or thing. Appearance often carries no additional implications {judge not according to the appearance Jn 7:24} {in drawing, represent the appearances of things,… …   New Dictionary of Synonyms

  • Appearance — may refer to:* In physiognomy, Human physical appearance. * The visual appearance of objects is given by the way in which they reflect and transmit light. The color of objects is determined by the parts of the spectrum of light that are reflected …   Wikipedia

  • appearance — [ə pir′əns] n. [ME aparaunce < OFr aparance < LL apparentia < apparere, APPEAR] 1. the act or an instance of appearing 2. the look or outward aspect of a person or thing 3. anything that appears; thing seen 4. Archaic an apparition 5 …   English World dictionary

  • appearance — [n1] coming into sight actualization, advent, appearing, arrival, coming, debut, display, emergence, entrance, exhibition, introduction, manifestation, materialization, presence, presentation, representation, rise, showing up, turning up,… …   New thesaurus

  • appearance — (n.) late 14c., visible state or form, figure; mere show, from Anglo Fr. apparaunce, O.Fr. aparance appearance, display, pomp (13c.), from L. apparentia, abstract noun from aparentem, pp. of apparere (see APPEAR (Cf. appear)). Meaning semblance… …   Etymology dictionary

  • appearance — The act of showing up in Court as either plaintiff, defendant, accused, or any other party to a Court (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • appearance — ► NOUN 1) the way that someone or something looks or seems. 2) an act of appearing. ● keep up appearances Cf. ↑keep up appearances …   English terms dictionary

  • appearance — ap|pear|ance W2 [əˈpıərəns US əˈpır ] n ▬▬▬▬▬▬▬ 1¦(way somebody/something looks)¦ 2¦(somebody takes part in a public event)¦ 3¦(something new starts to exist)¦ 4¦(arrival)¦ 5 keep up appearances 6 for appearances sake/for the sake of appearances… …   Dictionary of contemporary English

  • appearance — noun 1 way that sb/sth looks ADJECTIVE ▪ attractive, handsome, youthful ▪ distinctive, odd, strange, striking ▪ dishevelled/disheveled …   Collocations dictionary


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