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 Georgia, 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 typically defined by the state's statutes or constitution. Personal jurisdiction, on the other hand, refers to the court's power to make decisions affecting a particular individual or entity. Georgia courts can establish personal jurisdiction over a party if that party has sufficient contacts with the state, such as conducting business in Georgia or committing a tort within the state. A special appearance is a legal strategy used by a defendant to challenge the court's personal jurisdiction without submitting to the court's authority. In Georgia, a defendant may make a special appearance to contest personal jurisdiction by filing a motion to dismiss for lack of personal jurisdiction, under the Georgia Civil Practice Act, without waiving the right to contest jurisdiction. This must be done before taking any other action in the case that might imply consent to the court's jurisdiction.