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Encyclopedia Britannica



APPEARANCE (from Lat. apparere, to appear)

This article appears in Volume V02, Page 217 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: APO-ARN
APPEARANCE (from Lat. apparere, to appear) , in law, the coming into
court
  of either of the parties to a suit; the formal act by which a defendant submits himself to the
jurisdiction
  of the
court
 . The defendant in an action in the High Court of England enters his
appearance
  to the writ of
summons
  by delivering, either at the central
office
  of the Supreme Court, or a
district
  registry, a written memorandum either giving his solicitor's name or stating that he defends in person. He must also give notice to the plaintiff of his
appearance
 , which ought, according to the time limited by the writ, to be within eight days after service; a defendant may, however, appear any time before judgment. The Rules of the Supreme Court, orders xii. and xiii., regulate the
procedure
  with respect to the entering of an appearance, the giving of notice, the limit of time, the setting aside and the general effect of default of appearance. In county courts there is no appearance other than the coming into court of the parties to the suit. In criminal cases the accused appears in person. In civil cases infants appear by their guardians ad litem; lunatics by their committee; companies by a solicitor; friendly
societies
  by the trustee or other officer appointed to sue or be sued on behalf thereof.


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