A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Caption

Still feeling spooky
Annie Spratt, Unsplash

I've filed my fair share of motions to amend a case caption. Indeed, I recall my very first one.

It was a cold February morn, and the winds whipped through the loose boards that were all that stood between the library and the nor'easter steeping outdoors. Volume after volume was chosen and discarded as I searched for any guidance on what a motion to amend the caption should include -- what standard must be met? What oaths must be sworn?

Indeed, I recall the the sum total of the guidance on the issue in the federal rules was contained in Rule 10(a), which helpfully states:

[e]very pleading must have a caption with the court's name, a …