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 Pennsylvania, 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. Pennsylvania courts can establish personal jurisdiction over a party if the party has sufficient contacts with the state, such as conducting business in the state or committing a tortious act within its borders. The Pennsylvania long-arm statute allows for personal jurisdiction over non-residents in certain circumstances. When a defendant believes a Pennsylvania court lacks personal jurisdiction, they may make a 'special appearance' to challenge the court's jurisdiction without submitting to it. This is a strategic legal move to avoid the court's authority without arguing the merits of the case. If the challenge is successful, the court cannot proceed with the case against the defendant. However, if the court finds that it has personal jurisdiction, the case will move forward.