Communication Law and Ethics (20-314)

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In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second. If the defendant in the trial court case brings an appeal, the defendant's name may be listed first in the appellate case.

In federal court, circuit court case captions list the parties in the same order as trial court case (plaintiff v. defendant, or state (or u.s.) v. Defendant).  On appeal to the United States Supreme Court, the name of the petitioner is listed first v. the name of the respondent - so the defendant may be listed first in cases before the U.S. Supreme Court.

Credit: Univ. of Akron School of Law

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