appearance

to all appearances

According to the way things appear or how one sees things; as is apparent to observation. To all appearances, Daren seemed a very happy, outgoing fellow, so his nervous breakdown took many people by surprise. The giant corporation was, to all appearances, doing quite well, but just last week it filed for bankruptcy.See also: all, appearance

appearances can be deceiving

Appearances do not always convey accurate information. That house sure looks beautiful on the outside, but appearances can be deceiving. What did the inspector say about the foundation? Sure, she seems nice, but appearances can be deceiving.See also: appearance, can, deceive

by all appearances

According to the way things appear or how one sees things; as is apparent to observation. By all appearances, Daren seemed a very happy, outgoing fellow, so his outburst took many people by surprise. The giant corporation was by all appearances doing quite well, but just last week it filed for bankruptcy.See also: all, appearance, by

keep up appearances

To act as though everything is normal or fine in times of trouble. I tried very hard to keep up appearances as I fell further and further into credit card debt.See also: appearance, keep, up

keep up

1. Literally, to physically hold or maintain something in an upright position or at a certain level. In this usage, a noun or pronoun is sometimes used between "keep" and "up." Do you think these pushpins will keep up the posterboard? Hopefully these braces will keep the structure up until we can come up with a more permanent solution.2. To prevent someone from sleeping by making noise, distracting them, etc. In this usage, a noun or pronoun is often used between "keep" and "up." Please stop shouting! You'll keep up your mother, and she has an early day tomorrow. No, I don't mind if you read with the light one—it won't keep me up. Thinking about all the problems in the world keeps me up at night sometimes.3. To maintain or adhere to an agreement. How can I trust you if you never keep up your end of the bargain?4. To maintain something to an expected or acceptable level. Keeping up the exterior of the house has been a lot more work than I expected. Were you able to keep up your garden this year? I'd like to keep up my painting, but it's tough with two young kids.5. To move or progress at the same rate as others. My leg was hurt, but I was able to keep up with the rest of the team during our run. Keeping up with the go-getters in this office is a real challenge, but I think you're up to it. You can follow me if you want, but try to keep up.6. To continue doing something in the way one has been doing it. Often used as an imperative, especially in the phrases "keep it up" and "keep up the good work." Wow, these look great. Keep up the good work, James! I can't continue working these long hours. If I keep it up, I'll get burned out. If you keep this up, you're going to get expelled.7. To stay informed about something or in touch with someone by following the latest developments or communicating regularly. It's so hard to keep up with the news these days, especially when a huge story breaks every day. Have you been keeping up with your cousins? What's Mary Kate up to these days?See also: keep, up

make an appearance

To visit or appear at some place or event for a brief amount of time, especially as a courtesy or for the sake of politeness. We really should make an appearance at my cousin's party—it would be pretty rude not to while we're in town like this. The movie visited the hospital when a young fan dying of leukemia asked her to make an appearance.See also: appearance, make

put in an appearance

To visit or appear at some place or event for a brief amount of time, especially as a courtesy or for the sake of politeness. We really should put in an appearance at my cousin's party—it would be pretty rude not to while we're in town like this. The movie visited the hospital when a young fan dying of leukemia asked her to put in an appearance.See also: appearance, put

Appearances can be deceiving.

Prov. Things can look different from the way they really are. Edward seems like a very nice boy, but appearances can be deceiving. Jane may look like she doesn't understand you, but she's really extremely bright. Appearances can be deceiving.See also: Appearance, can, deceive

by all appearances

apparently; according to what one sees or how things seem. She is, by all appearances, ready to resume work. By all appearances, we ought to be approaching the airport.See also: all, appearance, by

keep someone up

1. Lit. to hold someone upright. Try to keep him up until I can get his bed made. Keep her up for a few minutes longer. 2. Fig. to prevent someone from going to bed or going to sleep. I'm sorry, was my trumpet keeping you up? The noise kept us up.See also: keep, up

keep something up

1. Lit. to hold or prop something up. Keep your side of the trunk up. Don't let it sag. Keep up your side of the trunk. 2. Fig. to continue doing something. I love your singing. Don't stop. Keep it up. Please keep up your singing. 3. Fig. to maintain something in good order. I'm glad you keep the exterior of your house up. You keep up your house nicely.See also: keep, up

keep up appearances

to make things look all right whether they are or not. We must keep up appearances even if it means little sacrifices here and there. Things may be unpleasant, but we will keep up appearances.See also: appearance, keep, up

keep up

(with someone or something) 1. Lit. to advance at the same rate as someone or something; to be just as productive as someone or something. Don't work so fast. I can't keep up with you. You're running so fast that I cannot keep up with you. I don't make enough money to keep up with your spending. 2. Fig. to pay attention to the news about someone or something. I don't see the Smiths a lot since they moved, but I keep up with them by phone. I try to keep up with current events.See also: keep, up

make an appearance

to appear; to appear in a performance. We waited for thirty minutes for the professor to make an appearance, then we went home. The famous singing star made an appearance in Detroit last August.See also: appearance, make

put in an appearance (at something)

to appear briefly at some place or at some event. I only wanted to put in an appearance at the reception, but I ended up staying for two hours. Do we have to stay a long time, or can we just put in an appearance?See also: appearance, put

keep up

1. Also, keep up with. Proceed at the same pace, continue alongside another, as in We try to keep up with the times. [First half of 1600s] This usage, also put as keep pace, appears in the phrase keeping up with the Joneses, which was coined in 1913 by cartoonist Arthur R. Momand for the title of a series in the New York Globe. It means "trying to match the lifestyle of one's more affluent neighbors or acquaintances." For example, Their buying a new van is just another attempt to keep up with the Joneses. 2. Support, sustain, as in They're trying to keep up their spirits while they wait for news of the crash. [Late 1600s] Also see keep one's chin up. 3. Maintain in good condition, as in Joan really kept up the property. [Mid-1500s] This usage also appears in the idiom keep up appearances, meaning "to maintain a good front, make things look good even if they're not," as in She was devastated by his bad prognosis but is trying hard to keep up appearances for their children . [Mid-1700s] 4. Persevere, carry on, prolong, as in Keep up the good work, or How long will this noise keep up? [Early 1500s] Also see keep it up. 5. Also, keep up with; keep up on. Stay in touch, remain informed. For example, Ann and I haven't seen each other since college, but we keep up through our annual Christmas letters , or We subscribe to three papers so as to keep up on current events. [c. 1900] 6. keep someone up. Cause someone to remain out of bed, as in He's keeping up the children beyond their bedtime. [Mid-1700s] See also: keep, up

put in an appearance

Also, make an appearance. Be present, especially for a short time, as in We were hoping the rock star would put in an appearance, but she didn't show up, or She was tired and didn't want to go to the party, but decided she had to make an appearance. [Second half of 1600s] See also: appearance, put

keep up appearances

COMMON1. If you keep up appearances, you pretend that a situation is good and as it should be, even though it is not. I was determined to keep up appearances by pretending nothing was wrong. The marriage was failing, but we tried to keep up appearances for the sake of the children.2. If you keep up appearances, you try to behave and dress in a way that people expect of you, even if you can no longer afford it. His parents' obsession with keeping up appearances haunted his childhood.See also: appearance, keep, up

keep up appearances

maintain an impression of wealth or well-being.See also: appearance, keep, up

to (or by) all appearances

as far as can be seen. 1991 Eric Lax Woody Allen To all appearances, theirs was a unique case of sibling amity. See also: all, appearance

keep up apˈpearances

hide the true situation and pretend that everything is still going well: She’s lost all her money, but she’s determined to keep up appearances.See also: appearance, keep, up

to all apˈpearances

if something/somebody is judged only by what you can see: The house was, to all appearances, empty.See also: all, appearance

keep up

v.1. To preserve or sustain something: We kept up the appearance of friendship even though we were mad at each other. The couple kept appearances up even though they had separated.2. To maintain something in good condition: He did a good job of keeping up the property. The community kept up the old church.3. To persevere in doing something; carry on doing something: I asked her to stop yelling, but she kept it up. Keep up the good work!4. To continue at a steady level or pace, especially a significant level or pace: The snow kept up all day.5. To maintain a value or level equal to that of something, even as that value or level increases: The number of new TVs that arrived didn't keep up with the demand. The scarcity of available land keeps up the demand for it.6. To match some competitor or perceived competitor: I kept up with the leader of the race until the very end, and so I came in second place.7. To cause someone to remain awake: The noise from the construction site kept me up all night.8. keep up on To remain adequately informed: He loved to keep up on the gossip by reading the tabloids.See also: keep, up

put in an appearance

To attend a social engagement, especially for a short time.See also: appearance, put

appearance

Appearance

A coming into court by a party to a suit, either in person or through an attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits to the jurisdiction of the court. The voluntary submission to a court's jurisdiction.

In a criminal prosecution, an appearance is the initial court proceeding in which a defendant is first brought before a judge. The conduct of an appearance is governed by state and federal rules of Criminal Procedure. The rules vary from state to state, but they are generally consistent. During an appearance, the judge advises the defendant of the charges and of the defendant's rights, considers bail or other conditions of release, and schedules a Preliminary Hearing. If the crime charged is a misdemeanor, the defendant may sometimes, depending on the local rules of court, enter a plea of guilty or not guilty at the initial appearance; if the crime is a felony, the defendant usually enters the plea at a later court proceeding. A criminal defendant may have an attorney present and may confer with the attorney during the appearance.

In some situations, a defendant may not need to appear in court in person and may even make an appearance by mail. For example, when individuals receive traffic tickets they may choose to send in a check for the amount of the fine.

Many state statutes permit appearances to be made by two-way, closed-circuit television. For instance, North Carolina's rule on video appearances reads:

A first appearance in a noncapital case may be conducted by an audio and video transmission between the judge and defendant in which the parties can see and hear each other. If the defendant has counsel, the defendant shall be allowed to communicate fully and confidentially with his attorney during the proceeding (N.C. Gen. Stat. § 15A-601(a1)[1994]).

An appearance is also a coming into court as a party to a civil lawsuit. Although an appearance can be made by either the plaintiff (the one who has sued) or the defendant (the one being sued), the term most often refers to the action of the defendant.

The subject of appearance is closely related to the subject of Personal Jurisdiction, which is the court's authority over an individual party. An appearance is some Overt Act by which the defendant comes before the court to either submit to or challenge the court's jurisdiction.

Any party can appear either in person or through an attorney or a duly authorized representative; the party need not be physically present. In most instances, an attorney makes the appearance. An appearance can also be made by filing a notice of appearance with the clerk of the court and the plaintiff, which states that the defendant will either submit to the authority of the court or challenge its jurisdiction. In a lawsuit involving multiple defendants, an appearance by one is not an appearance for the others. Valid Service of Process is not required before an appearance can be made.

Historically, appearances have been classified with a variety of names indicating their manner or significance. A compulsory appearance is compelled by process served on the party. A conditional appearance is coupled with conditions as to its becoming or being taken as a general appearance (defined later in this article). A corporal appearance indicates that the person is physically present in court. A de bene esse (Latin, "of well being," sufficient for the present) appearance is provisional and will remain good only upon a future contingency. A gratis (Latin, "free" or "freely") appearance is made by a party to the action before the service of any process or legal notice to appear. An optional appearance is entered by a person who is intervening in the action to protect his or her own interests, though not joined as a party. A subsequent appearance is made by a defendant after an appearance has already been entered for him or her by the plaintiff. Finally, a voluntary appearance is entered by a party's own will or consent, without service of process, although process might be outstanding.

The two most common categories of appearances are general and special.

General Appearance

Any action by which the defendant recognizes the jurisdiction of the court constitutes a general appearance. This is an unqualified submission to the court's personal jurisdiction over the defendant and is treated as the equivalent of a valid service of process.

By making a general appearance, the defendant agrees that the court has the power to bind her or him by its actions and waives the right to raise any jurisdictional defects (e.g., by claiming that the service of process was improper). The defendant also waives the objection that the case is brought in the wrong venue. The defendant does not, however, waive any substantive rights or defenses, such as the claim that the court lacks jurisdiction over the subject matter of the case or authority to hear the particular type of case (e.g., a Bankruptcy court will not hear personal injury cases).

Special Appearance

A special appearance is one made for a limited purpose. It can be made, for example, to challenge the sufficiency of the service of process. But most often, a special appearance is made to challenge the court's personal jurisdiction over the defendant. It prevents a default judgment from being rendered against the defendant for failing to file a Pleading. (A default judgment is an automatic loss for failing to answer the complaint properly.)

When a defendant makes a special appearance, no other issues may be raised without that appearance's becoming a general appearance. If a party takes any action dealing with the merits of the case, the party is deemed to have made a general appearance and submitted to the jurisdiction of the court.

If a challenge is successful and the court agrees that it does not have personal jurisdiction over the defendant, it will dismiss the action. If the court finds against the defendant on that issue, that decision can later be appealed.

The right to make a special appearance is almost universally recognized, except where abolished by statute. As a rule, leave of court (permission) must be obtained before a special appearance can be made, but this is not always the case.

Federal Rules

Federal courts and states that have adopted the Federal Rules of Civil Procedure have eliminated the distinction between a general and a special appearance. Instead of challenging the court's personal jurisdiction in a special appearance, a defendant can do so by use of a pretrial motion to dismiss the Cause of Action, or in an answer to the complaint. A removal proceeding, in which a defendant asks to have the case moved from state court to federal court, is regarded as a special appearance.

Limited Appearance

In a number of states, a defendant in a lawsuit based on Quasi in Rem Jurisdiction may make a limited appearance. Quasi in rem is a Latin phrase for a type of jurisdiction in which the court has power over the defendant's property because it lies within the geographic boundaries of the court's jurisdiction. The presence of the property gives the court jurisdiction over the person of the defendant. To invoke quasi in rem jurisdiction, the court must find some connection between the property and the subject matter of the lawsuit.

A limited appearance enables a defendant to defend the action on the merits, but should the defendant lose, he or she will be held liable only up to the value of the identified property and not for all possible damages. A defendant who makes a limited appearance and wins the case can be sued again by the same plaintiff in a different court.

In states that have no provision for a limited appearance, a defendant can avoid being subject to the personal jurisdiction of the court by refusing to appear, thereby causing a default and a consequent Forfeiture of the property. Or the defendant can submit to the court's personal jurisdiction, defend the case on its merits, and face the possibility of full liability. The defendant must decide which course of action is best, after comparing the value of the seized property with the damages being sought by the plaintiff and considering the likelihood of winning the case at trial.

The Federal Rules of Civil Procedure do not provide for limited appearances in federal court but instead defer to state law on that issue. A slightly greater number of courts permit limited appearances than do not. The law of the jurisdiction in which the action is brought must be consulted to determine whether limited appearances are permitted.

Withdrawal

If an appearance has been entered through Fraud or mistake or after the plaintiff's complaint has been materially amended, the discretion of the court may permit the appearance to be withdrawn. A proper withdrawal is treated as if no appearance at all had been entered in the case. A defendant who has withdrawn a general appearance may ask the court for leave to file a special appearance to challenge the court's jurisdiction.

If someone makes an unauthorized appearance on behalf of the defendant, it may be stricken or set aside by a motion of any party with an interest in the proceeding.

Delay or Failure to Appear

A defendant who fails to appear in court pursuant to a service of process might have a default judgment entered against her or him and be held in Contempt of court. A failure to appear does not, however, result in a waiver of objections to the court's jurisdiction.

If a defendant fails to make an appearance in the time allotted by statute or court rules, he or she may lose certain rights. But if the circumstances warrant it, a court may extend the time of appearance.

Cross-references

Civil Procedure.

appearance

n. the act of a party or an attorney showing up in court. Once it is established that an attorney represents (by filing a notice of appearance or representation or actually appearing) the person, the lawyer may make an appearance for the client on some matters without the client being present. An attorney makes a "special appearance" when he/she is appearing only for the purpose of what is before the court that day--such as arraignment of one charged with a crime. If an attorney makes a "general appearance" he or she is telling the court that the client is definitely his or hers and the court can proceed. In the future that attorney will be required to represent the client. Some appearances are voluntary, but most are compulsory and are by notice to the party or, if represented, to his/her attorney. There are variations on appearance rules in states, federal courts, local court procedures, and according to the desires of particular judges. (See: appear, special appearance, general appearance)

appearance

1 the formal attendance in court of a party in an action. 2 formal notice that a party or his legal representative intends to maintain or contest the issue - sometimes described as entering appearance.

APPEARANCE, practice. Signifies the filing common or special bail to theaction.
2. The appearance, with all other subsequent pleadings supposed to takeplace in court, should (in accordance with the ancient practice) purport tobe in term time. It is to be observed, however, that though the proceedingsare expressed as if occurring in term time, yet, in fact, much of thebusiness is now done, in periods of vacation.
3. The appearance of the parties is no longer (as formerly) by theactual presence in court, either by themselves or their attorneys; but, itmust be remembered, an appearance of this kind is still supposed, and existsin contemplation of law. The appearance is effected on the part of thedefendant (when be is not arrested) by making certain formal entries in theproper office of the court, expressing his appearance; 5 Watts & Serg. 215;1 Scam. R. 250; 2 Seam. R. 462; 6 Port. R. 352; 9 Port. R. 272; 6 Miss. R.50; 7 Miss. R. 411; 17 Verm. 531; 2 Pike, R. 26; 6 Ala. R. 784; 3 Watts &Serg. 501; 8 Port. R. 442; or, in case of arrest, it may be considered aseffected by giving bail to the action. On the part of the plaintiff noformality expressive of appearance is observed.
4. In general, the appearance of either party may be in person or byattorney, and, when by attorney, there is always supposed to be a warrant ofattorney executed to the attorney by his client, authorizing suchappearance.
5. But to this general rule there are various exceptions; personsdevoid of understanding, as idiots, and persons having understanding, ifthey are by law deprived of a capacity to appoint an attorney, as marriedwomen, must appear in person. The appearance of such persons must purport,and is so entered on the record, to be in person, whether in fact anattorney be employed or not. See Tidd's Pr. 68, 75; 1 Arch. Pract. 22; 2John. 192; 8 John. 418; 14 John. 417; 5 Pick. 413; Bouv. Inst. Index, h.t.
6. There must be an appearance in person in the following cases: 1st.An idiot can appear only in person, and as, a plaintiff he may sue in personor by his next friend 2d. A married woman, when sued without her husband,should defend in person 3 Wms. Saund. 209, b and when the cause of actionaccrued before her marriage, and she is afterwards sued alone, she mustplead her coverture in person, and not by attorney. Co. Litt. 125. 3d. Whenthe party pleads to the jurisdiction, be must plead in person. Summ.on Pl.51; Merrif. Law of Att. 58. 4th. A plea of misnomer must always be inperson, unless it be by special warrant of attorney. 1 Chit. Pl. 398; Summ.on Pl. 50; 3 Wms. Saund. 209 b.
7. An infant cannot appoint an attorney; he must therefore prosecute orappear by guardian, or prochein ami.
8. A lunatic, if of full age, may appear by. attorney; if, under age,by guardian. 2 Wms. Saund. 335; Id. 332 (a) n. (4.)
9. When an appearance is lawfully entered by the defendant, bothparties are considered as being in court. Imp. Pr. 215. And if the defendantpleads to issue, defects of process are cured but not, if he demurs to theprocess, (I Lord Raym. 21,) or, according to the practice of some courts,appears de bene esse, or otherwise conditionally.
10. In criminal cases, the personal presence of the accused is oftennecessary. It has been held, that if the record of a conviction of amisdemeanor be removed by certiorari, the personal presence of the defendantis necessary, in order to move in arrest. of judgment: but, after a specialverdict, it is not necessary that the defendant should be personally presentat the argument of it. 2 Burr. 931 1 Bl. Rep. 209, S. C. So, the defendantmust appear personally in court, when an order of bastardy is quashed andthe reason is, he must enter into a recognizance to abide the order ofsessions below. 1 Bl. Rep. 198. So, in a case, when two justices of thepeace, having confessed an information for misbehavior in the execution oftheir office, and a motion was made to dispense with their personalappearance, on their clerks undertaking in court to answer for their flues,the court declared the rule to be, that although such a motion was subjectto the discretion of the court either to grant or refuse it, in cases whereit is clear that the punishment would not be corporal, yet it ought to bedenied in every case where it is either probable or possible that thepunishment would be corporal; and therefore the motion was overruled in thatcase. And Wilmot and Ashton, Justices, thought, that even where thepunishment would most probably be pecuniary only, yet in offences of a verygross and public nature, the persons convicted should appear in person, forthe sake of example and prevention of the like offences being committed byother persons; as the notoriety of being called up to answer criminally forsuch offences, would very much conduce to deter others from venturing tocommit the like. 3 Burr. 1786, 7.

appearance

ap·pear·ance

appearance

ap•pear•ance

appearance

appearance

appear

appearance

appearance

to all appearances

appearances can be deceiving

by all appearances

keep up appearances

keep up

make an appearance

put in an appearance

Appearances can be deceiving.

by all appearances

keep someone up

keep something up

keep up appearances

keep up

make an appearance

put in an appearance (at something)

keep up

put in an appearance

keep up appearances

keep up appearances

to (or by) all appearances

keep up apˈpearances

to all apˈpearances

keep up

put in an appearance

appearance

appearance

appearance

appearance

appearance

Patient discussion about appearance

appearance

Appearance

General Appearance

Special Appearance

Federal Rules

Limited Appearance

Withdrawal

Delay or Failure to Appear

Further readings

Cross-references

appearance

appearance

appearance

Synonyms for appearance

noun look

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noun arrival

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noun occurrence

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noun impression

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Synonyms for appearance

noun the act of coming into view

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noun the act of arriving

Synonyms

noun the way something or someone looks

Synonyms

noun the character projected or given by someone to the public

Synonyms

Synonyms for appearance

noun outward or visible aspect of a person or thing

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Related Words

noun the event of coming into sight

Related Words

Antonyms

noun formal attendance (in court or at a hearing) of a party in an action

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Related Words