Legal Definitions - general appearance

A general appearance is the formal action a person or their attorney takes to acknowledge their participation in a lawsuit. It signifies that they are engaging with the court and the legal process concerning the case.

Historically, in some legal systems, making a general appearance meant you automatically agreed that the court had the power (known as personal jurisdiction) to make decisions about you. If you only wanted to argue that the court *didn't* have that power, you had to make a "special appearance." However, many modern legal systems, including all federal courts in the United States and a growing number of state courts, have eliminated this distinction. Now, you can participate in a case and still challenge the court's personal jurisdiction without it being automatically considered a waiver of that right.

A general appearance can be made in various ways, such as filing a document with the court, having an attorney formally represent you in court, or taking any action that shows you are responding to the lawsuit and seeking the court's involvement in resolving the dispute. The actual intent of the party making the appearance typically does not change whether the court considers it a general appearance.

If a defendant fails to make a general appearance within the legally required timeframe after being notified of a lawsuit, the plaintiff can typically ask the court for a "default judgment." This means the plaintiff could win the case without the defendant having presented their side or defense.

• Filing a Formal Response

  Imagine a small business, "Green Thumb Landscaping," is sued by a client for allegedly failing to complete a landscaping project as per their contract. Instead of ignoring the lawsuit, Green Thumb Landscaping's attorney files a document called an "Answer" with the court. This document formally responds to each of the client's claims, admitting some facts and denying others.

  By filing this Answer, Green Thumb Landscaping is making a general appearance. They are formally acknowledging the lawsuit and engaging with the court process to defend themselves against the allegations, demonstrating their participation in the legal proceedings.

• Participating in a Court Hearing

  Consider Sarah, who receives a summons for a civil lawsuit related to a car accident. Sarah and her attorney attend a mandatory initial status conference with the judge. During this conference, they discuss the timeline for the case, potential settlement options, and future court dates.

  Sarah's attendance at this conference, represented by her attorney, constitutes a general appearance. Even if no specific legal arguments about the merits of the case are made, her presence and participation in setting the case schedule demonstrate her acknowledgment of the court's authority and her intent to engage in the legal proceedings.

• Seeking Affirmative Relief from the Court

  A tenant, Mr. Henderson, is sued by his landlord for unpaid rent and property damage. In response to the landlord's lawsuit, Mr. Henderson files a "Counterclaim" with the court. In his Counterclaim, Mr. Henderson argues that the landlord failed to maintain the property and violated the lease agreement, and he asks the court to award him damages.

  By filing a Counterclaim, Mr. Henderson is not just defending himself but is actively seeking a judgment from the court against the landlord. This action goes beyond merely challenging the court's power and clearly demonstrates his participation in the lawsuit, thus constituting a general appearance.