Appear

To be properly before a court, as a matter of which the court can take notice; to be regularly in court, as a party defendant; to be in evidence; to be proved.

The right to ' ' appear " before a tribunal engaged in the transaction of particular business implies the right to be heard > Babbitt v. Finn, 101 U. S. 16, 13 (1879); BeaU v. New Mexico, 16 Wall. 539 (1872). = Kountze v. Omaha Hotel Co., 107 U. S. 395-96 (1882), cases; 11 Lea, 72. thereabout, — so far, at least, as the party is interested.! Appearance. 1. Being apparent, q. v. 2. Having the form or semblance of. See Color, 3; Facies. 3. Coming into court as a party to a suit; presence in court as a suitor. Used, particularly, of a defendant's presence, in person or by, attorney.2 Opposed, non-appearance. An entry of appearance upon the record of a cause is to be interpreted by the practice of the particular court. Whatever is held to be a submission to its authority in the caxise, whether coerced or voluntary, will be deemed an appearance.' Made by entering of record the name of the party or his counsel, and at the request of either; also, by entering bail, answer, demurrer, or by any other act admitting that the defendant is in court, submitting to the jurisdiction. Originally, when pleadings were oral, made by actual presence in court. An appearance may be general or common, or special or conditional, according as it is unqualified or unrestricted, or made for a specific purpose — as, to make a motion, or, is coupled with a condition; de bene esse, when provisional on an event; voluntary, compulsory, or optional, according as it is entered freely, is compelled by plaintiff's action, or is made by one not obliged to appeal', but who applies to do so, to save a right; in person, by attorney, by next friend, by guardian, or by committee, according as the party himself defends, or employs or is represented by another; pro hac vice, when in some special relation; corporal, when by defendant in person. Corporal appearance is generally required in a criminal trial. In modern practice In civil actions appearing may be constructive or figurative. An appearance is to be entered by a certain day, called the appearance day; to which day writs are made returnable. It is "general" when it is the stated day ordinarily observed; and " special " when some other day, as, the day appointed in a particular case. On every return day in the term the person, at common law, had three days of grace beyond the day named in the writ in which to appear, and if he appeared on the fourth day inclusive, quarto die post, it » Dundee Mortgage Trust Invest. Co. v. Charlton, 32 F. R. 194 (1887). a See Schroeder v. Lahrman, 26 Minn. 88 (1879); Larrabee v. Larrabee, 33 Me. 102 (1851). 'Cooley V. Lawrence, 5 Duer, 610 (1855); Grigg v. was sufficient. Therefore, usually the court did not sit till the fourth or appearance day.^ An appearance is also entered in a book called the appearance docket, which exhibits, in a brief abstract, all the proceedings had in a cause. For failure to appear after legal notice given, in cases, judgment may be taken " in default " of an appearance. On cause shown, by petition to the court, an attorney may be penjaitted to *' withdraw " his appearance, timely notice having first been given to the client.2 An appearance by a person admitted to practice is received as evidence of his authority; otherwise as to an attorney in fact.^ A general appearance waives all questions as to the service of process, and is, moreover, equivalent to a personal service. Its effect is not disturbed by the withdrawal of the attorney. The question of jurisdiction alone is saved.* But,,under the privilege of a special appearance, a person cannot avail himself of the advantage of a general appearance.^ See Abide* Venire.

InpractJ^. To be properly before a court, as a fact or matter of which it can take notice. (L. Lat. apparere^ constare.) See Apparens, Apparere, To be regularly in court, as a defendant in an action. (L. Lat. comparere,) See Appearance. •