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Originally, I did not know...
Thanks for your great answers! I appreciate your help!
Originally, I did not know the style of the case.The court advised me that it was the state vs. My niece.However, I currently do not believe that can be true .Because the complaint plaintiff would have to pursue the case from the very beginning.And the prosecution was not on the case until Circuit Court.Is it okay if I change the style from what I thought it was,because I did not understand it before?
Does the plaintiff /complaint have to be with the case from the beginning?So do you think that the plaintiff/complaintant could be the state, although they were not involved until Circuit Court after the security guard prosecuted my niece personally in the lower General District Court?Does the plaintiff/ complaintant have to pursue the case from the start of the case?
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Answered in 10 hours by:
3/23/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 441
Experience: Attorney/Member in Private Law Firm
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I would follow what the Court has said it was. The reason I would be careful on using the term "Complainant" or "Plaintiff" is that denotes a civil case and this has been criminal from the start. I am still not sure how a security guard was able to speak for a company that didn't want to pursue charges, but when the Court assigns a case designation, that is how the case will be referred to in Court and how the Court will reference the case. If the Court is telling you that is how the case is will be known. If you disagree with it, it is possible to argue this point to the Court when you have the opportunity, but all the case name will be used for is identifying the case, it does not give anyone any advantage or position anyone above the other.

Rules of Court allow parties to be added and dropped if certain reasons are met and this may be why the prosecution was later involved.

The bot***** *****ne is that from what you have set out, there is a tremendous amount going on. I would say the focus of your efforts should not be on the title of the case - use what the Court said - and focus on the relief you want. Do mention concerns you have with the caption of the case, but focus on the main relief.

Sean K
Sean K, Lawyer
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