Also known as: captions · case caption · pleading heading
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An element of common law larceny that requires the defendant to secure actual control over the property of another.
An element of common law larceny that requires the defendant to secure actual control over the property of another.
Select any source to read its text and confirm it supports the definition.
The introductory section of a pleading that identifies the court, the parties, the docket number, and the nature of the document.
Select any source to read its text and confirm it supports the definition.
The introductory section of a pleading that identifies the court, the parties, the docket number, and the nature of the document.
Each sense below has its own examples, sources, and questions.
Christine Castro reached into an open bin at a construction site and placed five marked power tools inside her zipped backpack. She lifted the backpack and carried it thirty feet across the gravel lot before a supervisor stopped her. Because she had secured the tools inside the closed backpack and begun moving them, she obtained the control required for caption.
Craig Caldwell struck Catherine Carter's hand during an attempted theft, causing her to drop a wallet on the ground in darkness. Caldwell searched but could not locate the wallet. No caption occurred because he never obtained control over the property.
Chloe Chen pushed a box of merchandise a few feet across a store floor during a scuffle but never picked it up or secured it. Because she did not gain dominion over the box, the taking element of caption remained unsatisfied.
The defendant must actually obtain control over the property. Merely striking an item from the owner's hand or moving property without securing dominion does not suffice.
Supporting sources
Yes. A taking occurs even if the defendant acquires control through the act of an innocent agent acting under the defendant's direction.
Supporting sources
Carlos Castillo filed a complaint in federal district court against Cypress Technologies and its manager but listed the manager only as John Doe in the title. The body of the complaint later described the manager in detail. The caption failed to name all parties as required, so the court directed amendment of the pleading.
Claire Campbell filed a motion that omitted the court's name and file number from its caption. The opposing party objected that the document did not comply with form requirements applicable to motions. The court struck the motion for failure to include a proper caption.
Cedar Creek Farms filed a condemnation complaint that named the property only by kind and location without identifying any owner in the caption. The rule requires the caption to follow Rule 10(a) while also naming at least one owner. The court ordered the plaintiff to correct the caption.
Yes. The title of the complaint must name all parties. References in the body of the pleading cannot cure a defective caption.
Supporting sources
The caption must include the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all parties.
Supporting sources
…plainly indicate that it was not intended to authorize a search for controlled substances. On the cover of the warrant the caption "Controlled Substances" had been crossed out, and an "addendum" to the warrant authorized a search for and seizure of a rifle and ammunition, indicating that the warrant was not limited to…