Appearance
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
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.