Appearance in court is simply defined as the coming into court of the parties to a suit - either in person or through a lawyer, and whether as plaintiff or defendant.
° An official court form filed with the court clerk which informs the court that a party is representing himself in a lawsuit or that an attorney is representing such party. All court notices will be delivered to the address listed on the form.
° Filing for an appearance in a civil case implies that the defendant is submitting to the court’s jurisdiction.
° Once it is established that an attorney is representing the party, the attorney may make an appearance for the client on some matters without the client being present.
° A lawyer or attorney makes a "special appearance" when he/she is appearing only for the purpose of the matter before the court that day.
° On the other hand, a "general appearance" indicates to the court that the client is definitely the lawyer's and the court can proceed. In the future, the lawyer will be required to represent the client.
Appearances in Criminal Litigation
In criminal Litigation, appearances are usually
Conclusion
As earlier stated, the matter of appearances is usually a case for the responding party (the respondents or defendants as the case may be). This is because he who brings a case or institutes an action before a court will most likely be present to follow up with the action he has instituted. If the plaintiff or claimant is absent in his case, the court will dismiss the suit without prejudice and the plaintiff will have to start filing all over again if he wants to bring back the suit. This doesn’t rule out the possibility that sometimes, the defendant may not be present and in this case, we can then begin to talk about how or ways to compel the attendance of parties before a court (especially in criminal litigation).
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