Also known as: general appearances · general appearance in court
Written by attorneys · grounded in primary & secondary sources — see below
An act by which a defendant participates in litigation without restricting the appearance to challenging jurisdiction. Such participation waives objections to personal jurisdiction and subjects the defendant to an in personam judgment.
Gregory Gates, a nonresident, was sued in State E for child support. Through counsel he filed an answer contesting only the amount of support owed. Months later he moved to dismiss for lack of personal jurisdiction. The court denied the motion because the merits answer constituted a general appearance that submitted Gates to jurisdiction.
Gloria Green owned shares in a Delaware corporation. When sued there, her shares were sequestered to compel her appearance. She entered a general appearance to defend on the merits, thereby submitting herself to personal jurisdiction over the unrelated claim.
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Grace Gupta filed a plea in a Virginia divorce action asserting it was special and limited to jurisdiction. She then participated in orders addressing the merits without further objection. The court treated her conduct as a general appearance that bound her to the resulting decree.
Guillermo Guzman was sued in Iowa and appeared to defend the action. After judgment he sought to relitigate jurisdiction in another state. The second court held that his earlier general appearance had already submitted him to the first court's authority.
George Garcia was sued for libel in Alabama. He answered on the merits without preserving a jurisdictional objection. The court held that the answer operated as a general appearance, preventing any later claim that the forum lacked power over him.
Gino Giordano litigated title to land in Nebraska and lost. When the winner sought enforcement elsewhere, Giordano argued the first court lacked jurisdiction. The second court held that his general appearance in Nebraska had already submitted the jurisdictional question to that forum.
A general appearance occurs when a defendant participates without limiting the purpose to jurisdiction alone. A special appearance is made solely to contest jurisdiction and, if successful, avoids submitting the defendant to the court's power. Many modern rules allow both objections to be raised together without creating a general appearance.
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Yes. Under UIFSA section 201(a)(2), a responsive document that addresses paternity or support without objecting to personal jurisdiction operates as a general appearance and consent. The objective effect of the filing controls, not the party's later-stated subjective intent.
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No. A general appearance entered by an attorney lacking authority does not by itself confer jurisdiction over the defendant. The appearance must be made by someone with actual or apparent authority.
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A general appearance waives any objection to the adequacy of notice that the defendant might otherwise have raised. Due process still requires a reasonable opportunity to be heard after the appearance.
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Yes when the request is made without preserving a jurisdictional objection. Seeking affirmative relief or court assistance on the merits, even temporarily, submits the defendant to jurisdiction under the general-appearance doctrine.
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…to seize and hold property of the nonresident located in this State subject to further Court order. If the defendant enters a general appearance, the sequestered property is routinely released, unless the plaintiff makes special application to continue its seizure, in which event the plaintiff has the burden of proof and…