Appearance

In practice. A coming into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. "'Appearance' in the law has several significations, and the word must always lates. In some cases it means to appear in person; in others, by attorney. Sometimes an obligation to appear can only be satisfied by actually coming into court, while in others it will be sufl Scient to put in special bail, or enter an appearance in the common rule book. In one case it may be necessary for the party to appear on the specified day, while in another it will be sufficient if done within ten or twenty days thereafter. The purpose or end to be answered by the appearance is also important. In most, if not all, cases where a party is bound to a personal appearance in court to answer any charge or action against him, he must not only appear, but must remain in court until discharged by due course of law, and how long he must attend depends on the nature of the proceedings and the course and practice of the court. 19 Wend. (N. Y.) 459. It may be of the following kinds: (1) Compulsory. That which takes place in consequence of the service of process. (2) Voluntary. That which is made in answer to a subpoena or summons, without process. 1 Barb. Ch. (N. Y.) 77. (3) General. A simple and absolute submission to the jurisdiction of the court. (4) Special. That which is made for certain purposes only, and does not extend to all the purposes of the suit. (5) Conditional. One which is coupled with conditions as to its becoming general. (6) De bene esse. One which is to remain an appearance, except in a certain event. See "De Bene Esse." (7) Gratis. One made before the party has been legally notified to appear. (8) Optional. One made where the party is not under any obligation to appear, but does so to save his rights. It occurs in chancery practice, especially in England. (9) Subsequent. An appearance by the defendant after one has already been entered for him by the plaintiff. See Daniell, Ch. Pr.

In practice. A coming into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N. W. 988. Classification. An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit. National Furnace Ca. v. Moline Malleable Iron Works (C. Ct) IS Fed. 8C4. An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, v ithout the service of process, though process may be outstanding. 1 Barb. Ch. PT. 77. It is said to be optional when entered by a person who intervenes in the action to protect his own interests, though not joined as a party; conditional, when coupled with conditions as to its becoming or being taken as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear; de bene esse, when made provisionally or to remain good only upon a future contingency; subsequent, when made by a defendant after an appearance has already been entered for him by the plaintiff; corporal, when the person is physically present in court.

— Appearance by attorney. This term and "appearance by counsel" are distinctly different, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attendance of an advocate without whose aid neither the party attending nor his attorney in his stead could safely proceed ; and an appearance by attorney does not supersede the appearance by counsel. Mercer v. Watson, 1 Watts (Pat) 351,

— Appearance day. The day for appearing; that on which the parties are bound to come into court. Cru-ger v. McCracken (Tex. Civ. App.) 26 S. W. 282.

— Appearance docket. A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.

— Notice of appearance. A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.

The coming into court of either of the parties to an action; the proceeding in an action by which the defendant comes or is brought before the court to answer to the action, — necessary that the court may proceed to judgment. It is compulsory, where it is made by reason of process duly served; and voluntary, where it is in answer to a subpoena or summons, without process. It is general where it is an absolute submission to the jurisdiction of the court; and special, where it is made for certain purposes only. It is conditional where it is to become general only in a certain event; and de bene esse, where it is to remain an appearance, except in a certain event; optional, where it is made by a party not bound to appear but who does appear to protect his rights; and subsequent where it is made by the defendant after an appearance entered for him by the plaintiff.

The coming of a party into attorney.

[L. Lat. comparentia, apparen Ha, apparitio.'] In practice. The act or proceeding in an action, by which the defendant is brought, or places himself before the court m which it is commenced, in Older to answer to the action. It is, in other words, the prescribed mode of complying with the exigency of the plaintifif's pi Kess; the defendant admitting by his appearance that he has had a general intimation of the suit, and is ready to receive more puticular statement of its ground and object. 3 Steph, Com, 564. Appearance is the first act of the defendant in court, and, un Ul it is properly effected, no judgment can be awanlea against him in any personal action. Jd. ibid. 1 Tidd's Pr. 238. In actions at law, an appearance is effected either by putting in sufficient bail, where the action requires bail; or, in nonbailable actions, by endorsing on the process served a memorandum authorizing the clerk to enter an appearance; or, in some cases, by filing common bail, or entering a common appearance. 1 Tidd*8 Pr, 238 — 240. Arckb. N, Pract, ^l, A simple notice of appearance or retainer is also sometimes made equivalent to an appearance. 1 Burr, N, Y, Pract 112. A <]Bstinction however is made between an appearance and puttmg in bail, whic^s properly the act M the court itself, l^idd'e Pr. 238. In equity, an appearance is usually effected by the solicitor of the defendant filing with the clerk a memorandum requesting the entry of his appearance in the action. 1 Daniel Fe Chanc. Pr. 590. 1 Barbour's Chanc. Pr, 79. See Bail, Common Bail, Common Appearance.