To render a binding judgment, a court must have both subject matter jurisdiction over the controversy (the subject of the dispute) and personal jurisdiction over the parties (plaintiff and defendant). While subject matter jurisdiction refers to the court’s power to hear a particular type of suit, personal jurisdiction—also known as in personam jurisdiction—concerns the court’s power to bind a particular person or party.
A special appearance is a procedure in civil litigation, and the purpose of a special appearance is to object to the court’s exercise of jurisdiction over the defendant or the defendant’s property on the ground that such person or property is not subject to the court’s jurisdiction. A defendant (person or entity) who has been sued in a state other than the defendant’s primary residence will often challenge the court’s exercise of jurisdiction over the nonresident defendant.
In Texas, for a court to render a binding judgment, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction is the court's authority to hear a specific type of case, which is determined by state or federal statutes. Personal jurisdiction, on the other hand, refers to the court's power to make a decision affecting a particular individual or entity. Texas courts generally obtain personal jurisdiction over a party if that party has sufficient contacts with the state, such as conducting business or committing a tort within Texas. A special appearance is a legal procedure used in Texas civil litigation whereby a defendant can challenge the court's personal jurisdiction over them without submitting to the court's jurisdiction. This must be done before taking any other action in the case, or the right to contest jurisdiction may be waived. The Texas Rules of Civil Procedure outline the process for making a special appearance, and if successful, the court cannot proceed with the case against the defendant.
