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Legal Definitions - notice of appearance
Definition of notice of appearance
Notice of Appearance
A notice of appearance is a formal document or an official statement made in court that informs the court and all other parties involved in a legal case that an individual or their attorney intends to participate in the proceedings. By filing a notice of appearance, the individual or attorney formally acknowledges their involvement and signals their desire to receive all official communications, pleadings, and updates related to the case. It's a crucial step to ensure that a party is properly informed and can actively defend their interests or pursue their claims.
Examples:
- Example 1: An Individual Representing Themselves
Sarah receives a summons for a small claims court case where she is being sued by a former landlord. She decides to represent herself rather than hiring an attorney. To formally inform the court and her former landlord that she will be participating in the case and wants to receive all future court dates and documents, Sarah files a notice of appearance with the court clerk. This ensures she is officially recognized as a participant and will receive all necessary communications. - Example 2: An Attorney Representing a Company
A construction company, "BuildRight Inc.," is sued for breach of contract by a client. BuildRight Inc. hires an attorney, Mr. Chen, to represent them in the lawsuit. Mr. Chen's first action after being retained is to file a notice of appearance with the court. This document formally notifies the court and the client's attorney that Mr. Chen is now the official legal representative for BuildRight Inc. and that all future legal communications should be directed to him. - Example 3: A Creditor in a Bankruptcy Case
"First National Bank" holds a significant loan for a company that has just filed for bankruptcy protection. The bank wants to ensure it is kept fully informed about the bankruptcy proceedings, including asset sales, creditor meetings, and payment plans, to protect its financial interests. An attorney for First National Bank files a notice of appearance in the bankruptcy court. This filing ensures that the bank's attorney will receive copies of all official documents, motions, and orders issued in the bankruptcy case, allowing the bank to monitor the proceedings and participate as needed.
Simple Definition
A notice of appearance is a formal statement, typically written and filed with the court, by which a party or their attorney informs the court and other parties that they are participating in a legal case. This ensures they are officially recognized in the proceedings and will receive all relevant legal documents.