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 New Jersey, 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. New Jersey courts can establish personal jurisdiction over a party if that 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 New Jersey Court Rules, a defendant may make a special appearance to challenge personal jurisdiction. This is done by filing a motion to dismiss for lack of personal jurisdiction, without submitting to the court's jurisdiction for other purposes. If a defendant improperly engages in the litigation process without first challenging jurisdiction, they may be deemed to have waived the objection to personal jurisdiction.