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who has generally appeared

Discussion in 'Legal Terminology' started by apoziopeza, Feb 11, 2013.

  1. apoziopeza Senior Member

    slovak
    Hi,

    I am translating a petition and am not sure about the meaning of "who has generally appeared"?.

    Could you please explain?

    Thanks,

    A.

    Extract from the petition -

    II. PARTIES
    1. Plaintiff is an individual residing in Texas.
    2. Defendant is a firm, a Texas limited liability company, [address], Texas, who has generally appeared. The defendant may be served with Plaintiff's petition by serving its attorney of record.
     
  2. DAH

    DAH Senior Member

    Los Angeles
    USA/California--English
    This is when the Texas entity's in-house lawyer or outside law firm/lawyer has appeared in court on behalf of a client for all purposes connected with a pending lawsuit.
     
    Last edited: Feb 11, 2013
  3. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    Yes.

    There are two kinds of appearance -- a general appearance is the usual one.

    Less commonly, there is a special appearance. The attorney appears for the party only for that particular appearance, and is not their attorney of record for all purposes.
     
  4. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    When a party generally appears, it means that the party has accepted the assertion of the court's jurisdiction over him.

    When a party specially appears, it means that the party has not accepted the assertion of the court's jurisdiction over him and he is appearing solely to contest the court's jurisdiction. If the court agrees that it has no jurisdiction over the party, he is no longer part of the litigation.
     

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