Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    A notification that a party to an action or his attorney for him is before the court. See 83 Ky. 529.

  • Black's Law Dictionary: 2nd Edition

    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.