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 Kentucky, as in all 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 legal case, while personal jurisdiction refers to the court's power to make a decision affecting a particular individual or entity. Kentucky courts can establish personal jurisdiction over a party if that party has sufficient contacts with the state, such as conducting business in Kentucky or committing a tort within the state. The Kentucky Rules of Civil Procedure allow a defendant to challenge the court's personal jurisdiction by making a special appearance. This is done specifically to dispute jurisdiction without submitting to it. If a defendant only enters an appearance to contest personal jurisdiction, they are not considered to have waived their jurisdictional objection. This is particularly relevant for nonresident defendants who may argue that Kentucky courts do not have jurisdiction over them due to lack of sufficient ties to the state.