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 Mexico, 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 determined by the state's statutes 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 in the case. New Mexico courts generally obtain 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. A special appearance is a tool used by a defendant to challenge the court's personal jurisdiction without submitting to the court's authority. By making a special appearance, a defendant can argue that they should not be subject to the court's jurisdiction, often because they do not have the requisite contacts with the state. If the challenge is successful, the court cannot proceed with the case against the defendant. It is important for a defendant to properly invoke a special appearance, as engaging with the court on other matters may be seen as consenting to the court's jurisdiction.