What does the term "special appearance" refer to in legal proceedings?

The term "special appearance" is a legal construct that allows a defendant to contest the court's exercise of personal jurisdiction over them without submitting to the court's authority in other matters. This is a critical aspect of personal jurisdiction, as it enables a defendant to object to the court's jurisdiction while at the same time reserving the right to challenge the case should the court determine it has jurisdiction.

A special appearance is specifically utilized when the defendant seeks to address the issue of jurisdiction alone. If the court finds that it does have personal jurisdiction over the defendant during this type of appearance, the defendant may then be required to answer the complaint or participate in the case further.

In contrast, the other options represent different concepts. A defendant's first court appearance does not necessarily involve a challenge to jurisdiction and can encompass various proceedings. Appearing with a lawyer is a common practice but does not specifically denote a special appearance focused on jurisdiction issues. Finally, a non-party offering testimony is unrelated to the concept of a special appearance, as it involves someone who is not part of the legal action at all and does not address jurisdictional challenges.