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 Washington State, as in other jurisdictions, 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. Washington courts can establish personal jurisdiction over a party if that party has sufficient contacts with the state, such as committing a tortious act within the state or doing business there. The concept of minimum contacts is derived from the Due Process Clause of the U.S. Constitution and ensures that exercising jurisdiction is fair and just. A special appearance is a tool used by a defendant to challenge the court's personal jurisdiction without submitting to its authority. By making a special appearance, a defendant can argue that they should not be subject to the court's jurisdiction, and if successful, the court must dismiss the action 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.