Appearance (law)
Encyclopedia
In law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, appearance (from Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

 apparere, to appear) is the coming into court of either of the parties to a suit
Suit
-Garments:*Suit , a set of garments with matching pieces, including at least a coat and trousers**Formal wear, the general terms for clothing suitable for formal social events*Boilersuit, or coverall, a loose-fitting one-piece garment...

, and/or the formal act by which a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 submits himself to the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 of the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

.

Legal details (outdated)

The defendant in an action in the High Court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...

 of England enters his appearance to the writ of summons
Writ of summons
A Writ of Summons may be* Writ of Summons, a writ that enables a peer to sit in Parliament* A Writ of summons is a document instituting legal proceedings, see Summons....

 by delivering, either at the central office of the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

, or a district registry
District registry
District registry can refer to:*a part of the High Court situated in various districts of England and Wales dealing with High Court family and civil business.*an office of HM Land Registry.*a register office....

, a written memorandum
Memorandum
A memorandum is from the Latin verbal phrase memorandum est, the gerundive form of the verb memoro, "to mention, call to mind, recount, relate", which means "It must be remembered ..."...

 either giving his solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

's name or stating that he defends in person. He must also give notice to the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

 of his appearance, which ought, according to the time limited by the writ, to be within eight days after service; a defendant may, however, appear any time before judgment. The Rules of the Supreme Court
Rules of the Supreme Court
The Rules of the Supreme Court were the rules which governed civil procedure in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999....

, orders xii. and xiii., regulate the procedure with respect to the entering of an appearance, the giving of notice, the limit of time
Time
Time is a part of the measuring system used to sequence events, to compare the durations of events and the intervals between them, and to quantify rates of change such as the motions of objects....

, the setting aside and the general effect of default of appearance. In county courts there is no appearance other than the coming into court of the parties to the suit. In criminal cases the accused appears in person. In civil cases infants appear by their guardians ad litem; lunatics by their committee; companies by a solicitor; friendly societies by the trustee
Trustee
Trustee is a legal term which, in its broadest sense, can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another...

 or other officer appointed to sue
Sue
Sue or SUE may refer to:* Door County Cherryland Airport in Sturgeon Bay, Wisconsin, USA* The action of filing a lawsuit.* Subsurface Utility Engineering* .sue, alternative name for ARC -Places:...

or be sued on behalf thereof.
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