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 Kansas, as in other 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 case, which is typically defined by statute or constitution. Personal jurisdiction, on the other hand, refers to the court's power to make a decision affecting the rights of the specific parties involved. Kansas 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 the state. The Kansas Code of Civil Procedure allows for a 'special appearance' to be made by a defendant for the sole purpose of objecting to the court's jurisdiction. This is a strategic legal move where the defendant can argue that the court does not have personal jurisdiction over them without submitting to the court's jurisdiction. If a defendant fails to make a special appearance and instead makes a general appearance, they may inadvertently concede to the court's jurisdiction. It is crucial for defendants to understand the implications of these appearances and to consult with an attorney to navigate the complexities of jurisdictional issues.