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 West Virginia, 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 a particular individual or entity. West Virginia 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 West Virginia long-arm statute extends the reach of the state's jurisdiction to the maximum extent permissible under the Due Process Clause of the U.S. Constitution. A special appearance is a tool used by a defendant to challenge the court's personal jurisdiction without submitting to it. In West Virginia, a defendant may make a special appearance to contest personal jurisdiction, but must do so before taking any other action in the case to avoid inadvertently consenting to the court's jurisdiction.