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 Rhode Island, 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 to the case. Rhode Island 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. A special appearance is a tool used by a defendant to challenge the court's personal jurisdiction without submitting to it. In Rhode Island, a defendant may make a special appearance to contest personal jurisdiction, but must be careful to avoid taking any action that would imply acceptance of the court's jurisdiction. If a defendant fails to challenge personal jurisdiction properly, they may inadvertently waive the objection and be subject to the court's authority.