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Appearance

The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit.

The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit, either in person or, more frequently, by filing a document to that effect.

It implies that you accept the power of the court to try the matter (i.e. "jurisdiction").

Appearances are most often made by lawyers on their client's behalf and an appearance by a lawyer binds the client.

You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court.

An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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