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 South Carolina, 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 in the case. South Carolina 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. The South Carolina long-arm statute outlines specific circumstances under which the state's courts may exercise jurisdiction over non-residents. If a defendant believes a South Carolina court lacks personal jurisdiction, they may make a special appearance to challenge the court's jurisdiction without submitting to it. This must be done before taking any other action in the case, or the defendant risks waiving the jurisdictional objection. The rules governing special appearances and jurisdictional challenges are found in the South Carolina Rules of Civil Procedure.