What You Need to Know About General vs Special Appearance in California Family Court
California Family Court hearings can be difficult to navigate. Here is what you need to know about a general appearance vs a special appearance in California family court.
A general appearance in California family court regards a circumstance in which the responding party takes part in the court proceedings or in some other way that allows the court to proceed with the specific case. The party may come for any reason that recognizes the authority of the court. In contrast, a special appearance in California family court regards a situation in which objections are made to personal jurisdiction; more clearly, the sole purpose of a special appearance is to object to the court’s jurisdiction.
Differences Between General Appearances and Special Appearances Explained
The distinction between general appearances and special appearances is significant because a general appearance is considered consent by the defendant to personal jurisdiction. Thus, consent via a general appearance in California family court waives the defendant’s rights to challenge personal jurisdiction.
Typically, a first general appearance is made by the attorney representing the respective client. After an attorney has appeared on behalf of a client, he/she must appear for all future court proceedings unless there is a substitution of attorneys or a court order that dismisses the attorney. Although the first general appearance is typically made by the attorney that represents the client, any action by the party that recognizes an action of the court as valid can be considered a general appearance. The intent of the party in making an appearance does not influence whether the court will consider it to be a general appearance. Each jurisdiction has a time period in which a general appearance must be made. If the defendant fails to make a general appearance within this time period, the plaintiff will receive a default judgment.
On the other hand, a special appearance in California family court regards a personal appearance by a party or their attorney to argue that the court does not have personal jurisdiction over this party, and thus the court does not have sufficient information to make a personal judgment against the party. This appearance is intended to protect the interests of the defendant and refuse consent to personal jurisdiction.
Related: Divorce and Family Law Courthouses in Los Angeles
FAQs About General Appearance vs. Special Appearance in California Family Court
What actions constitute a general appearance in California family court?
Any action by a party that recognizes the pending action of the court as valid and proper can be considered a general appearance. If necessary, it may be useful to speak to an attorney about one’s specific case before any actions towards the court that could be considered a general appearance.
How long does a party have to make a special appearance in California family court?
To make a special appearance in California family court, a party typically has 30 days after the return day of the action.
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