Dictionary of Law
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special appearance :: legal definition


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 also: general appearance and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site."
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department.
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

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contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
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Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder