Appearance
Definition
An appearance is the formal act by which a party or their attorney notifies the court that they are participating in a lawsuit. Filing an appearance subjects the party to the court’s jurisdiction and entitles them to receive notice of all proceedings. In personal injury cases, when an insurance company assigns a defense attorney to represent the at-fault party, that attorney files an appearance to officially enter the case and begin representing the defendant’s interests.
How It’s Used in Personal Injury Cases
When you file a lawsuit, the defendant must respond by either filing an answer or making an appearance through their attorney. Once the insurance company receives notice of the lawsuit, they typically retain defense counsel who files an appearance on behalf of their insured. This appearance document identifies the attorney, their law firm, and contact information, and indicates they are authorized to accept service of documents and represent the defendant. From that point forward, all legal documents are served on the attorney rather than directly on the defendant. Your attorney may also reference an insurance adjuster having “entered their appearance” during pre-litigation negotiations, meaning they’ve formally taken responsibility for the claim file.
Practical Example
After your attorney files a lawsuit against a driver who rear-ended you, the driver’s insurance company hires a defense attorney from a local firm. Within a few days, that attorney files an “Entry of Appearance” with the court, officially announcing they represent the defendant. Your attorney now knows who to contact regarding discovery requests, scheduling depositions, and settlement negotiations. All future court filings will be served on this attorney, who is now responsible for defending the case. The appearance transforms what had been a claim against an individual into a formal legal proceeding with professional representation on both sides.
Why It Matters to Your Case
An attorney’s appearance signals that the insurance company is taking your lawsuit seriously and has retained professional defense counsel. This often means the case will proceed through formal litigation rather than settling quickly. Knowing which defense firm and attorney are handling your case provides valuable information—experienced personal injury attorneys develop knowledge of various defense attorneys’ styles, tendencies, and track records. The appearance also establishes who you must communicate with about the case going forward. Under court rules, once an attorney enters an appearance, they must typically obtain court permission to withdraw from representation.
Key Takeaway
An appearance is the formal notification that an attorney is representing a party in a lawsuit. When a defense attorney files an appearance, all future communications and legal documents go through that attorney rather than directly to the defendant or insurance company.