A party enters an appearance when they show up to court in response to a service of process. Appearance isn’t only a reference to physical presence in court when required, but also to procedural compliance (e.g., filing an answer, participating in discovery). Typically,…
A guide to appearance
Failure to appear after being served will result in a default judgment against the party who failed to appear.
If a party does not believe the court can exercise personal jurisdiction over them but does not want to risk the possibility of a default judgment nor the risk of losing an otherwise valid lack of personal jurisdiction defense, they can enter a special appearance for the exclusive purpose of determining jurisdiction. In federal court, there is no longer a distinction between a general or special appearance, however, a FRCP 12(b)2 motion allows a party to accomplish the same thing a special appearance would.
A party can make an appearance either in person or virtually, although the availability of these depends on the specific court and specific issue.
Why appearance is relevant in U.S. law
appearance appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
When and how appearance applies
In practice, appearance is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.