TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P35

Gale Encyclopedia of American Law Volume 1 P35 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 328 APPELLANT makes a limited appearance and wins the case can be sued again by the same plaintiff in a different court. In states that have no provision for a limited appearance a defendant can avoid being subject to the personal jurisdiction of the court by refusing to appear thereby causing a default and a consequent forfeiture of the property. Or the defendant can submit to the court s personal jurisdiction defend the case on its merits and face the possibility of full liability. The defendant must decide which course of action is best after comparing the value of the seized property with the damages being sought by the plaintiff and considering the likelihood of winning the case at trial. The Federal Rules of Civil Procedure do not provide for limited appearances in federal court but instead defer to state law on that issue. A slightly greater number of courts permit limited appearances than do not. The law of the jurisdiction in which the action is brought must be consulted to determine whether limited appearances are permitted. Withdrawal If an appearance has been entered through fraud or mistake or after the plaintiff s complaint has been materially amended the discretion of the court may permit the appearance to be withdrawn. A proper withdrawal is treated as if no appearance at all had been entered in the case. A defendant who has withdrawn a general appearance may ask the court for leave to file a special appearance to challenge the court s jurisdiction. If someone makes an unauthorized appearance on behalf of the defendant it may be stricken or set aside by a motion of any party with an interest in the proceeding. Delay or Failure to Appear A defendant who fails to appear in court pursuant to a service of process might have a default judgment entered against her or him and be held in contempt of court. A failure to appear does not however result in a waiver of objections to the court s jurisdiction. If a defendant fails to make an appearance in the time

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