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 California, 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 a particular individual or entity. California courts can establish personal jurisdiction over a party if the party has sufficient contacts with the state, such as conducting business in the state, owning property, or committing a tort within the state. The concept of 'minimum contacts' is central to determining personal jurisdiction, as established by the U.S. Supreme Court case International Shoe Co. v. Washington. A special appearance is a tool used by a defendant to challenge the court's personal jurisdiction without submitting to it. In California, this is governed by the California Code of Civil Procedure, and a defendant must make a special appearance before taking any other action in the case to avoid inadvertently consenting to the court's jurisdiction. If a defendant fails to challenge jurisdiction properly, they may be deemed to have waived the objection and thus be subject to the court's jurisdiction.