|11. WHAT CONSTITUTES APPEARANCE
§ 18. In General
An appearance may he expressly made by formal written or oral declaration. or record
entry,. to the. effect that -(he defendant appears, or It may lie Implied from some act
done with the Intention of appearing and submitting to the court's jurisdiction.
Quoted In: Ky.-Smith v. Gadd, 280 S.W.2d 495, 497.
Appearance by or for one defendant or person involved us constituting appearance for
others is considered supra 1 13.
Library Reference Appearance 8(1). 9(l).
An appearance may either be express or it may
arise by implication from defendant's seeking, taking. or agreeing to some step or
proceeding in the cause beneficial to himself or detrimental to plaintiff other than one
contesting only the jurisdiction.92 or by reason of some act proceedings recognizing the
case as in court, as discussed infra § 19.
At early common law the only ways
in which a defendant could appear were by putting in special bail or by filing common bail
as noted infra § 22, or by causing an appearance to be entered in the clerk's office.
An appearance can usually be
formally or expressly effected by filing with the clerk a written* direction or praecipe
to enter the appearance of the party, by formal record entry, oral announcement in open
court."; acceptance of service by defendant attorney or by filing in the cause a
paper which either waives service of process or which both waives service or process and
recites the entry of an appearance. or, as more fully discussed infra § 20. in accordance
with a statute or court rule providing for appearance by notice or general retainer or
notice of appearance. By the filing of his suit plaintiff enters an appearance which
invokes the attention of the
Statutes or rules of court prescribing
the method of appearance are often regarded as exclusive to the extent that defendant must
follow the prescribed mode of appearing to secure a standing in court and the right to be
heard but it is sometimes held that they are not exclusive even to this extent
Furthermore, it is very generally held that such statutes or rules do not precluded an
appearance, sufficient to give the court jurisdiction over defendant's Person. by some
other act or method of a substantial character by which defendant intentionally invokes
the court's jurisdiction. There are a number of cases to be found which appear to regard
the statutory method of appearing as completely and absolutely exclusive for all purposes;
but even in (lie states where these cases were decided there are other holdings which
limit and qualify them.
Unless there is a statute contemplating that the
appearance be in writing, the appearance need not be in the form of a signed. writing, but
may be by informal parole action. -An entry on the docket by the clerk at the oral request
or defendant's counsel is a sufficient appearance in writing within the meaning of a
statute; 20 but a rule of court providing that an appearance shall be entered and marked
on the margin of the record of the case by the attorney in his own handwriting is
not complied with by a typewritten mane of the attorney indorsed on a conterbond filed in
Knowledge of the pending
proceedings and an intention to appear are ordinarily requisite to render an act or course
of conduct an appearance. An appearance is not to be inferred except as a result of acts
from which an intent to do so may properly be inferred The assumption and conduct of the
defense by a nominal for an actual defendant does not constitute an appearance; but where
an actual wrongdoer voluntarily- appears and answers in the name of another who has been
sued for the former's wrong by mistake, the wrongdoer thereby submits himself to the
jurisdiction of the court and may be substituted as defendant A party may not appear
An appearance induced by fraud has no efficacy
Any act the defendant which
recognizes tile can* as let court constitutes a general appearance. but. If an act does
not do this or seek to Invoke affirmative action from t he court. It Is not an appearance.
Broadly stated, any action on the part of defendant, except to object to the
jurisdiction over his person which recognizes the case as in court will constitute a