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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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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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