Why Special Appearance for All legal

Issues?
Special Appearance
The act of presenting oneself in a court and thereby submitting to the court's jurisdiction, but
only for a specific purpose and not for all the purposes for which a lawsuit is brought.
A party makes a special appearance before a state court for the sole purpose of objecting to the
court's jurisdiction over that party. If the party makes a general appearance to respond to the
lawsuit, instead of a special appearance, then Common Law dictates that the party thereby
waives any objection to the court's jurisdiction over her. A party may object to the court's
jurisdiction for a number of reasons, such as when Service of Process was insufficient or
defective, there is a variance between the complaint and the summons, or the lawsuit was
brought in the wrong court. When a party wants to make a jurisdictional objection, she has the
right to appear for the special purpose of making that objection, but according to common law,
the party must clearly and specifically state to the court that she is specially appearing.
Rule 12(b) of the Federal Rules of Civil Procedure has abolished the distinction between general
and special appearances for federal courts. Therefore, parties can raise a jurisdictional objection
along with other defenses in a responsive pleading in federal court. However, if a party wishes to
make the jurisdictional objection initially without having to prepare a full responsive Pleading,
the federal courts will permit that party to do so if he specially appears.
Some states have followed the Federal Rules of Civil Procedure and have eliminated for state
court matters the distinction between general and special appearances. Many states still
acknowledge the distinction, however, and some specifically provide for the distinction by
statute.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All
rights reserved.
Special Appearance
n. the representation by an attorney of a person in court for: a) only that particular session of the
court; b) on behalf of the client's regular attorney of record; c) as a favor for an unrepresented
person, or d) pending a decision as to whether the attorney agrees to handle the person's case. A
special appearance is different from a "general appearance" in which the attorney is committed to
represent the client in all future matters, hearings, and trial of the case unless he/she is allowed to
withdraw or is substituted "out of" the case by the client. Quite often an attorney will make a
"special appearance" to protect the interests of a potential client, but before a fee has been paid or
arranged. (See: general appearance)

Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
1

Definitions from Blacks Law Dictionary 5 th Edition

Special. Relating to or designating a species, kind, individual, thing, or sort; designed for a particular
purpose; confined to a particular purpose, object, person, or class. Unusual, extraordinary.
Species. In the civil law, form; figure; fashion or shape. A form or shape given to materials (DNA).
Particular. Relating to a part or portion of anything (afterbirth); separate (see several); sole; single;
individual; local; comprising a part only; partial in extent; not universal (See: Proteus) . Opposed to
general. Of, or pertaining to, a single person, class or thing.
Extraordinary. Out of the ordinary; exceeding the usual, average, or normal measure or degree; beyond
or out of the common order or rule; not usual, regular, or of the customary kind; remarkable; uncommon;
rare (See: Lat. Rarus).
rrus m (feminine rra, neuter rrum); first/second declension
scattered, far apart - seldom, few - rare, uncommon - thin, loose
Beyond. Beyond control. Anything or any person who, in relationship to another person is out of reach
of the latter, either physically, legally or morally; for example, a child who has reached his majority is
beyond the legal control of his parents.
Customary. According to custom or usage; founded on, or growing out of, or dependent on, a custom;
ordinary; usual; common.
Custom and usage. A usage or practice of the people, which, by common adoption and acquiescence, and
by long and unvarying habit, has become compulsory, and has acquired the force of a law with respect to
the place or subject-matter to which it relates. It results from a long series of actions, constantly
repeated, which have, by such repetition and by uninterrupted acquiescence, acquired the force of a tacit
and common consent.
Ordinary. noun. In American law, a judicial officer, in several of the states, clothed by statute, with
powers in regard to wills, probate, administration, guardianship, etc. Former term for a public house
where food and lodging were furnished to the traveler (spirit) and his beast (body), at fixed rates, open
to whoever may apply for accommodation, and where intoxicating liquor was sold at retail. In the civil
law, a judge who has authority to take cognizance of causes in his own right, and not by deputation.
Ordinary. adj. Regular; usual; normal; common; often recurring; according to established order; settled;
customary; reasonable; not characterized by peculiar or unusual circumstances; belonging to; exercised
by, or characteristic of, the normal or average individual.

democracy
1
a : government by the people; especially : rule of the majority
b : a government in which the supreme power is vested in the people and exercised by them directly or
indirectly through a system of representation usually involving periodically held free elections

Election - by Dictionary.com
noun
1.
the selection of a person or persons for office by vote.
2.
a public vote upon a proposition submitted.
3.
the act of electing.
4.
Theology. the choice by God of individuals, as for a particular work or for
favor or salvation.
Election MerriamWebster Online
1
a : an act or process of electing <the election of a new governor>
b : the fact of being elected <her election to the Senate>
2
: predestination to eternal life
3
: the right, power, or privilege of making a choice
election (-lkshn) The Free Dictionary Online
n.
1.
a. The act or power of electing.
b. The fact of being elected.
2. The right or ability to make a choice. See Synonyms at choice.
3. Predestined salvation, especially as conceived by Calvinists.
The American Heritage Dictionary of the English Language, Fourth Edition
copyright 2000 by Houghton Mifflin Company. Updated in 2009. Published by
Houghton Mifflin Company. All rights reserved.
election (lkn)
n
1. (Parliamentary Procedure) the selection by vote of a person or persons from
among candidates for a position, esp a political office
2. a public vote on an official proposition
3. the act or an instance of choosing
4. (Protestantism) Christianity
a. the doctrine of Calvin that God chooses certain individuals for salvation without
reference to their faith or works
b. the doctrine of Arminius and others that God chooses for salvation those who, by
grace, persevere in faith and works

Collins English Dictionary Complete and Unabridged HarperCollins Publishers

1991, 1994, 1998, 2000, 2003
e lec tion (lk n)
n.
1. the selection by vote of a candidate for office.
2. a public vote upon candidates, etc., submitted.
3. the choice by God of individuals, as for salvation.
[122575; Middle English < Anglo-French < Latin]
Random House Kernerman Webster's College Dictionary, 2010 K Dictionaries
Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.
election
the theological doctrine of Gods predestination of individuals as objects of divine
mercy and salvation.
See also: Christianity
2
: a political unit that has a democratic government
3
capitalized : the principles and policies of the Democratic party in the United States <from emancipation
Republicanism to New Deal Democracy C. M. Roberts>
4
: the common people especially when constituting the source of political authority
5
: the absence of hereditary or arbitrary class distinctions or privileges

common
: belonging to or shared by two or more people or groups
: done by many people
: occurring or appearing frequently : not rare

1
a : of or relating to a community at large : PUBLIC <work for the common good>
b : known to the community <common nuisances>

2
a : belonging to or shared by two or more individuals or things or by all members of a
group <a common friend><buried in a common grave>
b : belonging equally to two or more mathematical entities<triangles with a common base>
c : having two or more branches <common carotid artery>
3
a : occurring or appearing frequently : FAMILIAR <a commonsight>
b : of the best known or most frequently seen kind used especially of plants and
animals <the common housefly>
c : VERNACULAR 2 <common names>
4
a : WIDESPREAD, GENERAL <common knowledge>
b : characterized by a lack of privilege or special status<common people>
c : just satisfying accustomed criteria : ELEMENT ARY<common decency>

5
a : falling below ordinary standards : SECOND-RAT E
b : lacking refinement : COARSE
6
: denoting nominal (in name only) relations by a single linguistic form that in a more highly inflected
language might be denoted by two or more different forms <common gender> <commoncase>
7
: of, relating to, or being common stock

hereditary
: passed or able to be passed from parent to child before birth
: passing from a person who has died to that person's child or younger relative
: holding a position or title that was passed on from your parent or an older relative
1
a : genetically transmitted or transmittable from parent to offspring
b : characteristic of or fostered by one's predecessors
2
a : received or passing by inheritance or required to pass by inheritance or by reason of birth
b : having title or possession through inheritance or by reason of birth
3

: of a kind established by tradition (= delivery Blacks 5th )<hereditary enemies>

4
: of or relating to inheritance or heredity

universal
: done or experienced by everyone : existing or available for everyone
: existing or true at all times or in all places
1
: including or covering all or a whole collectively or distributively without limit or
exception; especially : available equitably to all members of a society <universalhealth coverage>
2
a : present or occurring everywhere
b : existent or operative everywhere or under all conditions<universal cultural patterns>
3
a : embracing a major part or the greatest portion (as of
humankind) <a universal state> <universal practices>
b : comprehensively broad and versatile <a universalgenius>
4
a : affirming or denying something of all members of a class or of all values of a variable
b : denoting every member of a class <a universal term>
5
: adapted or adjustable to meet varied requirements (as of use, shape, or size) <a universal gear
cutter> <a universalremote control>
Examples of UNIVERS AL

1.

an idea with universal appeal

2.

a pattern that is universal across all cultures

Origin of UNIVERS AL

Middle English, from Anglo-French, from Latin universalis,from universum universe

First Known Use: 14th century
Related to UNIVERS AL

Synonyms

adaptable, all-around (also all-round),

protean, versatile

Antonyms
individual, particular

protean : able to change into many different forms or able to do many different things
Full Definition of PROTEAN

1 : of or resembling Proteus in having a varied nature or ability to assume different forms

2 : displaying great diversity or variety : VERSAT ILE
Examples of PROTEAN

1.

<a protean actor who is equally comfortable with light comedy and serious drama>

First Known Use of PROTEAN

1598
Related to PROTEAN

Synonyms
adaptable, all-around (also all-round), versatile, universal

Proteus
In Greek mythology, Proteus (/protis, -tjus/;[1] Greek: ) is an early sea-god or god
of rivers and oceanic bodies of water, one of several deities whom Homer calls the "Old Man of
the Sea". Some who ascribe to him a specific domain call him the god of "elusive sea change",
which suggests the constantly changing nature of the sea or the liquid quality of water in general.
He can foretell the future, but, in a mytheme familiar to several cultures, will change his shape to
avoid having to; he will answer only to someone who is capable of capturing him. From this
feature of Proteus comes the adjective protean, with the general meaning of "versatile",
"mutable", "capable of assuming many forms". "Protean" has positive connotations of flexibility,
versatility and adaptability.

Etymology
Proteus' name suggests the "first" (from Greek "" - protos, "first"),
as protogonos () is the "primordial" or the "firstborn" . It is not certain to what
this refers, but in myths where he is the son of Poseidon, it possibly refers to his being Poseidon's
eldest son, older than Poseidon's other son, the sea-god Triton. The first attestation of the name,
although it is not certain whether it refers to the God or just a person, is in Mycenaean Greek; the
attested form, in Linear B, is, po-ro-te-u.