[mrg]

In propria personam In one’s own proper person.

It was formerly a rule in pleading that pleas to the jurisdiction of the court must be plead in propria personam because if pleaded by an attorney they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having been granted leave, which admits the jurisdiction. See Pro se.

Pro se For one’s own behalf; in person.

Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself in court.

Retain To continue to hold, have , use, recognize, etc.

To engage the services of an attorney or counselor to manage a specific matter or action, or all legal matters in general. See Retainer.

Retainer The act of withholding what one has in one’s own hands by virtue of some right.

In the practice of law, when a client hires an attorney to represent him, the client is said to have retained the attorney.

This act of employment is called the retainer.

The retainer agreement between the client and attorney sets forth the nature of services to be performed, costs, expenses, and related matters.

If the client employs the attorney for a specific case that is called a specific retainer.

In contrast, if a client hires a lawyer for a specific length of time (e.g. a year) rather than for a specific project, that is called a general reatainer.

The lawyer, during the period of the general retainer, may not accept any conflicting employment.

Appear To be properly before a court; as a fact or matter of which it can take notice.

To be in evidence; to be proved.

Coming into court by a party to a suit, whether plaintiff, or defendant. See Appearance.

Appearance A coming into court as party to a suit, either in person or by an attorney, whether as plaintiff or defendant.

The formal proceeding by which a defendant submits himself to the jurisdiction of the court.

The voluntary submission to a court’s jurisdiction.

In civil actions the parties do not normally actually appear in person but rather through their attorneys (who enter their appearance by filing written pleadings, or a formal written entry of appearance).

Also, at many stages of criminal proceedings, particularly involving minor offenses, the defendant’s attorney appears on his behalf. See e.g. Fed.R.Crim.P. 43.

An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit.

A special appearance is for the purpose of testing or objecting to the sufficiency of service or the jurisdiction of the court over defendant without submitting to such jurisdiction;

a general appearance is made where the defendant waives defects of service and submits to the jurisdiction of the court. Insurance Co. of North America v. Kunin. 175 Neb. 260, 121 N.W.2d 372, 375, 376.

See also General appearance; Notice to appear.

Appearance by attorney An act of an attorney in prosecuting an action on behalf of his client .

Document filed in court in which attorney sets forth fact that he is representing a party to the action.

Appearance docket A docket kept by the clerk of the court in which appearances are entered, containing also a brief abstract of all proceedings in the cause.

Common law classifications At common law an appearance could either be compulsory or voluntary, the former where it was compelled by process served on the party, the latter where it was entered by his own will or consent, without the service of process, though process may be outstanding.

Also,

optional, when entered by a person who intervened in the action to protect his own interests, though not joined as a party;

conditional, when coupled by conditions as to its becoming or being taken as a general appearance;

gratis, when made by a party to the action, but before the service of any process or legal notice to appear;

de benne esse, when made provisionally or to remain good only upon a future

contingency; or when designed to permit a party to a proceeding to to refuse to submit his person to the jurisdiction of the court unless it was finally determined that he had forever waived that right;

subsequent, when made by a defendant after an appearance had already been entered for him by the plaintiff;

coporal, when the p[erson was physically present in court.

Initial appearance A court proceeding for a defendant charged with a felony, during which the judge advises the defendant of the charges against him and of his rights, decides upon bail and/or other conditions of release, and sets the date for a preliminary hearing. See e.g. Fed.R.Crim.P. 5.
Notice of appearance A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.

Notice to appear Shorthand expression for the form of summons or order of notice in which the defendant is ordered to appear and show cause why judgment should not be entered against him FedR.CivilP. 4(b) See also Show cause order; Summons.