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 Arizona, 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 legal case, while personal jurisdiction refers to the court's power to make a decision that legally binds the parties involved in the dispute. Arizona courts can establish personal jurisdiction over a party if that party has sufficient contacts with the state, such as committing a tort within the state, owning property in the state, or conducting business in Arizona. A special appearance is a legal strategy used by a defendant to challenge the court's personal jurisdiction without submitting to it. In Arizona, a defendant may make a special appearance to contest personal jurisdiction by filing a motion before taking any other action in the case that might imply consent to the court's jurisdiction. This allows the defendant to argue that they should not be subject to the court's authority without waiving their right to contest it. If the court agrees with the defendant's special appearance, it may dismiss the case for lack of personal jurisdiction.