Legal Definitions - appearance de bene esse

Definition: Appearance refers to a person's act of participating in a lawsuit, either as a party or as a lawyer representing a party. It can be a formal declaration or an implied act that shows submission to the court's jurisdiction.

Examples:

• A defendant filing an answer, demurrer, or motion in response to a lawsuit is making an appearance.
• A lawyer representing a party in court is also making an appearance.
• Any act that shows submission to the court's authority, such as giving bail upon arrest, is considered an appearance.

These examples illustrate how appearance is a crucial step in a lawsuit, as it shows that the defendant or their representative is willing to participate in the legal process and submit to the court's authority.

Related Terms:

• Special Appearance: A defendant's pleading that either claims that the court lacks personal jurisdiction over the defendant or objects to improper service of process.
• General Appearance: A general-purpose appearance that waives a party's ability later to dispute the court's authority to enter a binding judgment against him or her.
• Initial Appearance: A criminal defendant's first appearance in court to hear the charges read, to be advised of his or her rights, and to have bail determined.