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LSDefine

Simple English definitions for legal terms

general appearance

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A quick definition of general appearance:

A general appearance is when someone comes to court for any reason that recognizes the authority of the court. It can be made by a party or their attorney and means that they agree to the court's jurisdiction over them. In some states, if a party makes a general appearance, they cannot later challenge the court's jurisdiction or service of process. However, in federal courts and some states, there is no distinction between general and special appearances. If a party does not make a general appearance within a certain time period, the plaintiff may receive a default judgment.

A more thorough explanation:

A general appearance is when a party first comes into court and appears in the case. This means that the party recognizes the authority of the court and may come for any reason. For example, a defendant may come to court to defend themselves against a lawsuit or to challenge the court's personal jurisdiction over them.

In some states, a general appearance is different from a special appearance. A special appearance is when a party comes to court only to challenge the court's personal jurisdiction over them. In these states, a general appearance is considered consent by the defendant to personal jurisdiction, which means they waive their right to challenge personal jurisdiction or service of process.

However, in federal courts and many states, there is no distinction between general and special appearances. Any act by a party that recognizes the pending action as valid and proper can be considered a general appearance.

For example, if a defendant opposes a motion on its merits, this is considered a general appearance. It doesn't matter what the party's actual intent was in making the appearance.

Each jurisdiction has a specific time period in which a general appearance must be made after service of process is complete. If a defendant doesn't make a general appearance within this time period, the plaintiff will receive a default judgment.

It's important to note that after an attorney has appeared in court on behalf of a client, that attorney is responsible for all future appearances in court unless there is a substitution of attorneys or a court order releases the attorney.

  • A defendant comes to court to defend themselves against a lawsuit. This is a general appearance.
  • A defendant comes to court only to challenge the court's personal jurisdiction over them. This is a special appearance.
  • A defendant opposes a motion on its merits. This is a general appearance.

These examples illustrate the definition of a general appearance. In each case, the party is appearing in court and recognizing the authority of the court. The first example is a straightforward general appearance, while the second example is a special appearance. The third example shows that any attempt by a party to seek affirmative action from the court or to seek the court's judgment on a question beyond that of jurisdiction is considered a general appearance.

General Agreement on Tariffs and Trade (GATT) | general bequest

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18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
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