Case Tag

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Case Tag
Is a special appearance to avoid tag jurisdiction?

The way I understood it, the purpose of a special appearance was to enter a motion while avoiding tag jurisdiction. But if that’s the case, why do lawyers do special appearances by mail?

Lawyers enter special appearances to make it clear that their client is not consenting to jurisdiction by virtue of appearing.

The problem is that under the Federal rules and the rules of many states, issues relating to personal jurisdiction must be raised almost instantly or they are waived. Although it is not strictly necessary to make a “special” appearance, so long as the pleading or motion you are filing makes it clear you are contesting personal jurisdiction, it is a nice way to make it clear to the court that the issue of personal jurisdiction is in dispute.

I suppose there is an historic tie between the special appearance and transient (or “tag” style) personal jurisdiction: the special appearance makes it clear that the presence of the party or her attorney is involuntary, and thus not within the constitutional boundaries of transient jurisdiction.

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