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 Massachusetts, 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 legal case, while personal jurisdiction refers to the court's power to make a decision affecting a particular individual or entity. Massachusetts 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. Under the Massachusetts long-arm statute, courts can exercise personal jurisdiction over non-residents in certain circumstances. A special appearance is a legal strategy used by a defendant to challenge the court's personal jurisdiction without submitting to it. By making a special appearance, a defendant can argue that they should not be subject to the court's jurisdiction without waiving their right to contest it. If the court agrees that it lacks personal jurisdiction, it cannot proceed with the case against the defendant. It's important for defendants to understand the rules and procedures for making a special appearance, as incorrect handling can lead to a waiver of the jurisdictional objection. An attorney can provide guidance on whether and how to make a special appearance in Massachusetts courts.