Every pleading must be accompanied by a caption that includes the name of the court, the county, a title, a case number, and a Rule 7(a) designation. The caption of the complaint must list all of the parties; the caption of other pleadings may refer to further parties after naming the first party on either side. No legal action can be taken against any unnamed party.
How are cases decided in federal court? Through a process called "summary judgment". Summary judgment allows the judge to decide if there is enough evidence for a trial without wasting time and resources sitting through a trial that will end in a verdict for one party or another. Summary judgments are not appropriate if you have evidence that conflicts with what other people say happened. They are useful tools for deciding cases before them when there is no dispute about the facts.
Summary judgments are also useful when you want to try a case but don't want to put in the time and effort required by a full-blown trial. For example, let's say you are sued by someone who was injured in an accident caused by your negligence. You may not have enough money to pay for a lawyer, so you decide to represent yourself at trial. However, there are some issues of fact in this case that only a jury can resolve, such as whether you saw the other driver prior to the accident and failed to yield right-of-way, or if they were distracted by something else at the time of the collision.
Every pleading, motion, order, judgment, or other document must have a caption that includes the name of the court, the file number, the name of the first party on each side with an appropriate indication of other parties, and a designation identifying the party filing it and the nature of the pleading or motion. This rule does not affect procedures for designating a record on appeal.
Florida Rule of Criminal Procedure 3.985 sets forth specific requirements for criminal cases in which the defendant is illiterate or blind. It requires that certain documents be read to or explained to the defendant before he or she can waive his or her right to counsel. These include arrest reports, charging instruments (complaints), plea agreements, and statements by counsel as to the consequences of a plea. The rule also requires that the defendant be informed of his or her right to petition for post-conviction relief in capital cases.
Rule 3.987 provides for the appointment of counsel in indigent defendants facing incarceration for a term of years who cannot afford private representation. At a minimum, counsel must be appointed if the defendant has made a timely request for assistance and there is no reason to believe that counsel could provide effective representation.
Rule 3.989 permits a trial judge to appoint one or more attorneys to represent multiple defendants whose interests are not adverse or who have not refused to cooperate with each other's representation. Judges may also appoint standby counsel to assist defendants who are unable to retain private counsel.
Answer: Paralegals frequently write legal papers like complaints and other pleadings. The caption is a part of this sort of paper. The caption includes details such "the location of the action, the court, the docket or file number, and the title of the case" (McCord, 2008, p. 19).
Captions are also used in newspapers. They provide information about the article being published. This information can include the name of the person interviewed, the topic discussed, and any other relevant details. Captions are often written by journalists who are not lawyers.
Finally, captions are included on photographs to explain who is pictured and what they are doing. For example, a photo of a victim of a car accident with their family standing nearby has a caption that reads "victim's wife cries as she stands beside her husband's grave." Photos that show events, like sports matches or protests, will usually include a caption reading "a man holds a sign during a protest."
These are just some examples of how captions are used in different types of media. As you can see, they have many different purposes.
Only relevant facts may be included in pleadings. Pleadings should include the key facts on which either party is relying, but they should not include the evidence that will be used to prove the facts. Pleadings must be succinct, that is, they must contain brief facts that describe the contents of the case in a simple manner. They must also give the other party sufficient information to allow them to prepare a defense.
The most common type of pleading is the complaint. The complaint is a written statement filed by an injured person seeking compensation from someone who has harmed him or her. It is important that you hire an attorney to file your complaint because the complaint is required by law to contain certain information about you as an injured person. Your lawyer can help you understand what information needs to be included in your complaint and how to present it to the court.
Your complaint should include the following: a short and plain statement of the claim showing that you are entitled to relief; the name, address, and telephone number of any person who may be responsible for the alleged injury; the date on which the incident reported in the complaint occurred; and the location of the incident. If your complaint involves a product liability action, it must also include the make and model of the product, the specific defect alleged to have caused your injury, and the actual retail price.
A response to a complaint is called an answer. Like the complaint, an answer must be in writing and signed by the defendant.