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 Arkansas, as in all states, a court must have both subject matter jurisdiction and personal jurisdiction to render a binding judgment. Subject matter jurisdiction is the court's authority to hear a specific type of legal case, while personal jurisdiction refers to the court's power to make a decision affecting a particular individual or entity. Arkansas courts follow the due process clause of the U.S. Constitution, which requires that a defendant have certain minimum contacts with the state for the court to exercise personal jurisdiction. A special appearance is a legal strategy used by a defendant to challenge the court's personal jurisdiction without submitting to it. In Arkansas, a defendant may make a special appearance to contest personal jurisdiction, typically by filing a motion to dismiss for lack of personal jurisdiction before taking any other action in the case. This allows the defendant to argue that they should not be subject to the court's authority without waiving their jurisdictional objection by participating in the proceedings.