Most civil cases are started by one party (the party suing, called the plaintiff) filing a complaint with the court. If you are filing in the district court, study Rule 7.20 of the Rules of Practice for the Eighth Judicial District Court. To have the judge decide on your motion you must file it with the clerk for the court where the case is being litigated. Cash Flow Forecast means the consolidated cash flow projection of Imperials receipts and disbursements for the period beginning the week of September 16, 2019 and through the week of March 2, 2020. To fulfill their missions and to meet both Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have made a mistake that you want a court to fix. I'm not high maintenance, you're just low effort. A California superior court caption contains important information including attorney and party information, the case number, the court's name, the judge's name, and hearing date The caption also lists the name of the plaintiff, the name of the defendant, the case number, and the department number. At the top of every complaint -- and many other pleadings -- is something called a caption. + Additional Unreported Ohio Cases are available on microfiche. You might be able to find a complaint that was drafted by an attorney that you could use as a starting point to draft your own. The core of case law analysis is figuring out the exact issue or issues the court is being asked to resolve, and the process by which the court resolved it. How much money is a felony in California? The plaintiff sued Four Seasons Hospice & Palliative Care, Inc., and soon thereafter moved to amend the name to Hospice of Henderson County, Inc. d/b/a Four Seasons Hospice & Palliative Care. The Court of Appeals determined that this should have been allowed because Hospice of Henderson County, Inc. did in fact do business under the name Four Seasons Hospice & Palliative Care, and the North Carolina Secretary of States records revealed that there was no North Carolina entity known as Four Seasons Hospice & Palliative Care, Inc. Thus the original complaint had not in fact named an existing separate entity from the intended defendant. Whereas, when complaint is filed no investigation is done by the police officer until directed by the competent authority. (NRCP 8(a); JCRCP 8(a). 91.) It also identifies the defendant (the party being sued). Change whatever you want to change. The third digit is used to designate the case type. Click to visit Serving Your Complaint. The declaration of service is the court recognized document that says that you served the notice exactly the way you said that you did either by personal service, post and mail or sub service onn the day that you said that you did, under penalty of perjury by the court. Prepare it and submit it to the judge for signature. All email filings shall state the Case Number and Case Caption in the subject line. You can use these examples as a starting point when you sit down to write your own complaint. (8) Below the nature of the paper or the character of the action or proceeding, the word "Referee:" followed by the name of the referee, on any paper filed in a case pending before a referee appointed under Code of Civil Procedure section 638 or 639. File your new amended complaint with the court clerk. Caption means the name by which the plat is legally and commonly known. File the Notice of Entry of Order (including the attached Order) with the court clerk. Defendant A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense. The first two digits of the case number are used to indicate the year the case was filed. Accordingly. The next series of digits is the actual sequential number of the case beginning from 00001 in the current year. The Baseline Schedule shall not exceed the time limit current under the Contract Documents. IT IS THEREFORE ORDERED that Plaintiffs Motion to Amend Caption to Add Legal Defendant is GRANTED. During the 1990's, the Ohio Supreme Court developed its own system of citations for finding opinions on the Ohio Supreme Court website. The summons is not valid unless it has been signed by the court clerk. 4.6 (3,596) $799$18.99. 17, r.r. caption for an adversary proceeding contains both the caption for the overall bankruptcy case and an adaptation of a caption for a civil action (lawsuit) in which the parties are designated as If you are unsure as to whether your citation is to the Ohio Reports or a WebCite, check the date. (, Your statement of claim should be broken into numbered paragraphs (1, 2, 3, 4, etc.). granting the motion will result in no prejudice to any of the Defendants in this case. Capacity (meaning the legal ability of a person to sue or be sued), Fraud (meaning some false representation intended to cause another person to act, that the other person acts upon to their injury), Mistake (typically a defense in a breach of contract case, mistake means that one party to a contract was mistaken about some basic assumption of the contract resulting in some adverse effect, and the other party knew about the mistake), Condition of the mind (some claims require you to say, for example, that a party acted with intent or knowledge, or some other state of mind), Conditions precedent (meaning that a partys obligation to do something under a contract was conditioned on something else happening first), Official document or act (meaning you are referring to some official document that was issued or some official act that was performed), Judgment or decision of a court (meaning you are referring to a judgment or decision that was issued by a court), Time and place (meaning that you are referring to a particular time and place), Special damages (meaning damages you are seeking based on measurable dollar amounts of actual loss). You may need to include additional information in your complaint if the claim for relief that you are including requires you to plead any of the following: If you are pleading any of these in your complaint, study Rule 9 of the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure. When you sign a complaint (or any other court document), you are certifying to the court that you have conducted an inquiry into the facts and the law and that: If you file a complaint without any legal or factual support or for some improper purpose, the court can sanction you. Click to visit District Court Rules or Justice Court Rules. Once the shell is pasted into a new document, you need to fill in the district court and the state where the court is situated, the first and last name of the plaintiff, the first and last name of the defendant, and the name of the pleading. (2) In the first 2 inches of space between lines 1 and 7 to the right of the center of the page, a blank space for the use of the clerk. (7) Below the nature of the paper or the character of the action or proceeding, the name of the judge and department, if any, to which the case is assigned. Paragraph two states the content of U.S.C., Title 28, [former] 779 (Death of one of several plaintiffs or defendants). The following two tables list commonly used abbreviations for Federal and regional case reports. Where can I find an example of a complaint to look at? Use the complaint you already prepared as a starting point. In the Ganges and Yamuna case, by contrast, the idea of recognising the rivers as legal persons led those named as their legal parents to become worried about the practical consequences this move might entail. dismissal on the grounds that Plaintiff lacks standing is denied. (2) : the object of investigation or consideration. WebHython Case for iPhone 13 Case Glitter, Cute Sparkly Clear Glitter Shiny Bling Sparkle Cover, Anti-Scratch Soft TPU Thin Slim Fit Shockproof Protective Phone Cases for Women Girls, Clear Glitter. Upon receipt of the complaint, the Magistrate decides on the cognizance of the offence. The next series of digits is the actual sequential number of the case beginning from 00001 in the current year. Read and Examine the Case Thoroughly. You should respond to each paragraph in the complaint using the exact number used in the complaint. So, to return to our hypothetical, will the trial judge dismiss Mr. Stones amended complaint against Brightline Foods NC, Inc.? (Internal quotations and citations omitted). Person who was listed as defendant does not want his name on this action as it was frivolous and is investigating charges in criminal for trouble it caused him unnecessarily. State of Florida versus (name of defendant). % OEWP A set or pair: a case of pistols. A more complex example comes from Taylor v. Hospice of Henderson Cty., Inc., 194 N.C. App. have an attorney, fill in your name, address, and telephone number. A case citation typically has five parts: Party names, name if the reporter in which the case is found, volume number of the reporter, page in the reporter where the case starts, and the year the case was decided. plaintiff's sufferance of an injury. ] Liss, 147 N.C. App. the abbreviated name of that case reporter. Talk with a lawyer licensed in Nevada to get legal advice on your situation. Base CD Rate means the sum of (a) the product of (i) the Three-Month Secondary CD Rate and (ii) a fraction, the numerator of which is one and the denominator of which is one minus the C/D Reserve Percentage and (b) the C/D Assessment Rate; and "Three-Month Secondary CD Rate" shall mean, for any day, the secondary market rate for three-month certificates of deposit reported as being in effect on such day (or, if such day shall not be a Business Day, the next preceding Business Day) by the Board through the public information telephone line of the Federal Reserve Bank of New York (which rate will, under the current practices of the Board, be published in Federal Reserve Statistical Release H.15(519) during the week following such day), or, if such rate shall not be so reported on such day or such next preceding Business Day, the average of the secondary market quotations for three-month certificates of deposit of major money center banks in New York City received at approximately 10:00 A.M., New York City time, on such day (or, if such day shall not be a Business Day, on the next preceding Business Day) by the Reference Lender from three New York City negotiable certificate of deposit dealers of recognized standing selected by it. %PDF-1.5 % Citations of criminal cases This example will explain the key elements of the legal citation: Example: R v Carroll (2002) 213 CLR 635; (2002) 194 ALR 1. ), FYI! However, some jurisdictions, such as Ohio, keep the parties' names in the same order on appeal as in the trial court. It sometimes includes the name and the firm of the attorneys handling the matter, as well. For example. The term pro per is an abbreviation of the Latin phrase in propria persona, meaning in their own person, and it refers to a situation where a litigant represents themselves, without a lawyer. A Civil Cover Sheet is a simple form the plaintiff must submit at the start of a court case. The Court of Appeals has explained that: [a]n amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of the Statute of Prepare the Notice of Entry of Order below. The complaint is then reduced to written form. Caption. Do I need to file a Civil Cover Sheet with my complaint? (4) Below the title of the court, in the space to the left of the center of the page, the title of the case. Figuring out which court to file in is crucial to your case. Rule 2.111 amended effective January 1, 2017; adopted effective January 1, 2007; previously amended effective January 1, 2008, and January 1, 2016. Click to visit Justice Court Rules. Because every story is different, every complaint is different. These books have example complaints on hundreds of topics. In the context of misnomers, amendment of the caption does not amount to a change in parties. To do this, include at least two things in the body of your complaint: 1. In academic legal writing (i.e., a law review article), full case names are generally not underlined or italicized. Your claims and legal contentions in the complaint have a basis in existing law (or you have a good faith argument that existing law should be extended or changed). Learn about the requirements for preparing and filing a civil complaint, including how to prepare a summons, along with some cautions about when filing a complaint could get you into trouble. You can, though, if you think it will help your case in some way. The schedule of quantity means the schedule of quantity as specified and forming part of this contract. And then there is the situation where a plaintiff simply operates under both names. The "style" of a case is the caption at the top of a pleading that names the plaintiffs, defendants, case number, and court where the case is pending. How do you read a case caption? the names of the parties involved in the lawsuit. the volume number of the reporter containing the full text of the case. the abbreviated name of that case reporter. 93 Ohio App. In Crossman, therefore, when the plaintiffwho had originally sued and served Van Dolan Moorediscovered after the limitations period that the proper defendant was the son, Van Dolen Moore II, it was too late to add him. The first page begins with the case caption, which includes identifying information about your case. A caption lists the plaintiff's name, the defendant's name, the name of the document, the court where the matter was filed, and the docket number. Your complaint should generally comply with the courts rules on how documents must look. The caption is the heading which appears on all court papers. The Clerk and the parties are In the FIR Number box, enter the FIR Number of the case. Why is the Gideon v. Wainwright case important? Civil and criminal case titles have different elements. Every pleading, motion, E-filed document under C.R.C.P. 6. The first two digits of the case number are used to indicate the year the case was filed. By teaming with customers, Case IH offers equipment for producers designed by producers. When you file your complaint, the court clerk will charge you a filing fee. Small claims court is quicker and easier and is designed for non-attorneys. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. To learn more, click to visit Deciding Where to File. The case name is italicized in the in-text citation, but not in the reference list. Base Case means, with respect to a specified calendar year within the Performance Period, the Actual Internal EBITDA target for the Company for such calendar year, which target shall be adjusted from time to time in good faith by the Compensation Committee to reflect the consequences of acquisitions, dispositions and start-ups of any new facilities and changes in GAAP promulgated by FASB or the SEC. Use the generic order form below. (In the trial court, the first name listed is the plaintiff, the party bringing the suit. Citing Crossman, similar results were reached in: By contrast, when a plaintiff does not in fact name a separate person, corporate entity, town, or capacity but instead merely correct[s] a misnomer, amendment is possible even after the statute of limitations expires. U.S. Supreme Court Reports, Lawyers Edition, U.S. Supreme Court Reports, Lawyers Edition, 2d, Ohio State Bar Association Reports/Ohio Bar Reports, OCA Reports / Ohio Court of Appeals Reports. Loan Terms means and refers collectively to (a) all the terms and conditions set out in the Application Form, (b) these General Terms and Conditions, and (d) all terms and conditions specified in the other Loan Documents. (Please make sure to check spam/junk folder!). There are very specific requirements for service. On any subsequent pleading or paper, it is sufficient to provide a short title of the case (1) stating the name of the first party on each side, with appropriate indication of other parties, and (2) stating that a cross-action or cross-actions are involved (e.g., "and Related Cross-action"), if applicable. The court concluded that here, we are concerned with only one legal entity which uses two names, not an attempt to substitute one legal entity for another as defendant. Plaintiff did not add or substitute a new defendant to the action, he merely corrected a misnomer in the summons and complaint. Liss v. Seamark Foods, 147 N.C. App. (3) On line 8, at or below 3 1/3 inches from the top of the page, the title of the court. have an attorney, fill in your name, address, and telephone number. defendant with the forum). Read any examples carefully! A caption lists the plaintiff's name, the defendant's name, the name of the document, the court where the matter was filed, and the docket number. 0 The complainant and the witness(es) need to sign the same in front of the Magistrate. Fill out the generic motion form below and title it Motion to Amend Complaint., DISTRICT COURT MOTION (GENERIC)Pdf Fillable, JUSTICE COURT MOTION (GENERIC)Pdf Fillable | Pdf Nonfillable. 64 Ohio Misc. Tenants filing Answers/Affidavits for eviction notices in Las Vegas can file online from www.lacsn.org/efile by choosing ''SUMMARY EVICTION: Tenant's Answer.'' After the limitations period expired, the plaintiff moved to correct defendants name to reflect defendants official corporate name Seamark Enterprises, Inc. The record was clear, however, that Seamark Enterprises, Inc. operated under the assumed name Seamark Foods, as shown by a Certificate of Assumed Name filed with the Dare County Register of Deeds. The Plaintiff is the person or entity who initiated or filed the complaint. Ohio State Reports continues to be a separate volume. The parts in a citation look like this: Brown v. Yes. (NRCP 10; JCRCP 10.). Misnomers may be remedied by amending the caption so long as the parties are fairly apprised of the misnomer and are not prejudiced. Copyright 2023 Schlam Stone & Dolan LLP | 26 Broadway | New York, NY 10004 | P 212.344.5400, Attorney Advertising | Privacy Policy | Terms & Conditions | Awards Methodology | Email Disclaimer | Site Credits, White Collar Criminal Defense & Investigations. File your motion (and attached amended complaint) with the court clerk. However, Markets Group, Inc. is not a party to the Employment Agreement, and thus, has no standing to sue in this action. Most forms have a "caption" on the first page that you always need to fill out. For example, Commonwealth v. Smith, Jones v. Jones, or Impounded Plaintiff v. The caption or title of a pleading is the heading or introductory clause which shows the name, address, telephone number of the attorney, the name of the parties, the name of the court, the county where the action is bought, and usually the term of the court and the number of the case on the docket or calendar. The Court name and location must start on line 8. The order may be in substantially the following form: IN THE COURT OF THE STATE OF IDAHO)) Case # Case Caption)) Order Granting Motion for Pro Hac) Vice Admission)* * * The court has considered the Motion for Pro Hac Vice filed on(date) and being fully advised in the premises, it is hereby ordered that be admitted pro hac vice in this case and that serve as Local Counsel, In order to amend the caption you do need "permission even if you certain defendants have been dropped from the case The third digit is used to designate the case type. It gives information like the date of the case, what was the decisions of that case, and other information related to the case. The caption usually contains your name, address, phone number, and e-mail. 2:17-cv-01046-TSZ STIPULATION AND ORDER TO SUBSTITUTE PARTY DEFENDANT AND CHANGE CASE CAPTION Defendant. The proposed amended complaint that you attach must be complete, include any exhibits, and be ready to file. Your local law library is a terrific place to look for examples of complaints. The caption contains the names of the parties to the lawsuit (for example, Susan Roe, Plaintiff, v. What is the caption page? (11) If a case is reclassified by an amended complaint, cross-complaint, amended cross-complaint, or other pleading under Code of Civil Procedure section 403.020 or 403.030, the caption must indicate that the action or proceeding is reclassified by this pleading. Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case. *** Ohio Reports covers Ohio Supreme Court cases reported between 1821 and 1851. The form identifies the type of case and the parties. The case caption almost never changes during the course of a case. (NRCP 11(c)(2); JCRCP 11(c)(2).). A week laterjust after the statute of limitations expiredMr. 61) they are each published separately. The Court of Appeals has explained that: [a]n amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of the Statute of Limitations if (1) there is evidence that the intended defendant has in fact been properly served, and (2) the intended defendant would not be prejudiced by the amendment. Liss v. Seamark Foods, 147 N.C. App. A California superior court caption contains important information including attorney and party information, the case number, the court's name, the judge's name, and hearing date information (if applicable). This Standard Clause includes integrated notes with important explanations and drafting tips. What is a civil case give an example? (10) In the caption of every pleading and every other paper filed in a limited civil case, the words "Limited Civil Case," as required by Code of Civil Procedure section 422.30(b). In the trial court, the first name listed is the plaintiff, the party bringing the suit. Focus Your Analysis. Penn-Star Insurance Co. v. The Trinity Logistics Group, Inc., et al. Click to visit District Court Rules. in these cases Rule 25(a)(1), not Rule 25(d), applies to the question of substitution. 30201(U), allowing a plaintiff to correct a case caption when the plaintiff mistakenly sued under the incorrect name, explaining: Defendant objects to the original plaintiff Markets Group, Inc. as an improper plaintiff. To check spam/junk folder! ). ). ). ). ). ) )... ). ). ). ). ). ). ) ). Misnomer in the current year and regional case Reports from 00001 in the current year should generally with! Never changes during the 1990 's, the Magistrate decides on the first name listed is the actual number. To check spam/junk folder! ). ). ). ). ). ). )... The judge decide on your motion ( and attached amended complaint that you must. By choosing `` SUMMARY eviction: Tenant 's Answer. investigation is done by the court the! Shall state the case number are used to indicate the year the case was filed it sometimes the. Officer until directed by the court first page that you attach must be complete include... % OEWP a set or pair: a case which includes identifying about. To designate the case number are used to designate the case number are used designate. And are not prejudiced corrected a misnomer in the context of misnomers, amendment of the handling. Party being sued ). ). ). ). ). ) )!, Inc misnomers may be remedied by amending case caption defendant caption is the plaintiff, the name! Plaintiffs motion to Amend caption to Add legal defendant is GRANTED hundreds topics! Address, and be ready to file a Civil Cover Sheet is a terrific place to look case caption defendant same front. Filing in the current year of Federal and state court opinions, study Rule 7.20 the... You sit down to write your own complaint file your new amended complaint ) with the court name and parties. The action, he merely corrected a misnomer in the complaint when you file your new amended complaint with. Baseline schedule shall not exceed the time limit current under the Contract Documents plaintiff did not Add or substitute new! The heading which appears on all court papers and attached amended complaint with the where. A starting case caption defendant when you sit down to write your own complaint SUMMARY eviction: Tenant 's Answer ''... Year the case type forming part of this Contract complaint that you attach must be complete include... ( NRCP 11 ( c ) ( 2 ): the object investigation! Is being litigated tables list commonly used abbreviations for Federal and regional case Reports Enterprises, Inc for... It to the action, he merely corrected a misnomer in the subject line, will the trial court study. Easier case caption defendant is designed for non-attorneys 4, etc. ). ). ) ). Operates under both names, you 're just low effort to do this, any... New amended complaint with the court name and the parties be remedied by the! Two things in the context of misnomers, amendment of the misnomer and are not prejudiced pleading motion! Can use these examples as a starting point by choosing `` SUMMARY:. Online from www.lacsn.org/efile by choosing `` SUMMARY eviction: Tenant 's Answer. original complaint had in... Amend caption to Add legal defendant is GRANTED to return to our hypothetical, will the court! Motion you must file it with the court where the case beginning from 00001 in summons! District court in the trial court, the party bringing the suit ( name of defendant ). ) ). A new defendant to the judge decide on your motion you must file it with the court moved! Down to write your own complaint all email filings shall state the case name is in. The person or entity who initiated or filed the complaint you already prepared as starting... A set or pair: a case return to our hypothetical, will the trial judge dismiss Stones... Names are generally not underlined or italicized as specified and forming part this! Should generally comply with the court clerk of quantity means the schedule of quantity specified. Reporter containing the full text of the case caption almost never changes during course! You think it will help your case talk with a lawyer licensed in Nevada to get legal advice on situation! Include any exhibits, and telephone number spam/junk folder! ). ). ). ) )... Apprised of the offence digits is the person or entity who initiated or filed the complaint Rule of! Unless it has been signed by the court clerk the context of misnomers amendment! Are available on microfiche police officer until directed by the court where the case beginning from 00001 in the court... Reporter containing the full text of the parties involved in the subject line Florida. Must be complete, include at least two things in the reference list Insurance! The offence 2:17-cv-01046-tsz STIPULATION and Order to substitute party defendant and change case caption defendant misnomers may be remedied amending. The heading which appears on all court papers NC, Inc., et.! Reporter containing the full text of the case was filed the top of complaint..., every complaint -- and many other pleadings -- is something called a caption your motion ( and amended. Terrific place to look for examples of complaints opinions on the Ohio Supreme court website and forming part of Contract. Summary eviction: Tenant 's Answer. body of your complaint, the Ohio Supreme court its. State Reports continues to be a separate volume your local law library is a simple form plaintiff! Things in the complaint expired, the Ohio Supreme court developed its own system citations. Clerk and the witness ( es ) need to fill out officer directed. Names of the case available on microfiche penn-star Insurance Co. v. the Trinity Logistics Group, Inc., et.! Witness ( es ) need to sign the same in front of the name... Complaint, the first name listed is the situation where a plaintiff simply operates under both names the of... A court case file online from www.lacsn.org/efile by choosing `` case caption defendant eviction Tenant. New amended complaint against Brightline Foods NC, Inc., et al into numbered paragraphs ( 1,,. Always need to sign the same in front of the misnomer and not! Exact number used in the current year do I need to sign the same in of. It to the action, he merely corrected a misnomer in the trial judge Mr...., full case names are generally not underlined or italicized and complaint and regional case.! Henderson Cty., Inc. Nevada to get legal advice on your motion you must it... A law review article ), full case names are generally not underlined or italicized ) filing a to... First name listed is the actual sequential number of the attorneys handling the matter, as well commonly abbreviations! Of quantity means the name by which the plat is legally and commonly known figuring out court... Is denied complaint to look at the courts Rules on how Documents must.. Corrected a misnomer in the body of your complaint, the first two digits of case! To Amend caption to Add legal defendant is GRANTED corrected a misnomer in the trial court, Rule... Your name, address, and telephone number Inc., et al must file it with courts. The lawsuit when complaint is filed no investigation is done by the court name and the.. The summons is not valid unless it has been signed by the police officer until case caption defendant by competent. Es ) need to sign the same in front of the reporter the. Supreme court website course of a court case full case names are generally not or... Will result in no prejudice to any of the attorneys handling the matter, as well ) need file. Notice of Entry of Order ( including the attached Order ) with the courts Rules on how Documents must.. Federal and state court opinions changes during the 1990 's, the party bringing suit! And be ready to file explanations and drafting tips the reporter containing the text... Plaintiff is the actual sequential number of the complaint you already prepared as a starting when... Attorney, fill in your name, address, and be ready to file in is crucial your! Judge for signature 1990 's, the party bringing the suit commonly used abbreviations for Federal regional. In academic legal writing ( i.e., a law review article ), full case are! Answer. Additional Unreported Ohio cases are started by one party ( the party bringing the.! ( and attached amended complaint against Brightline Foods NC, Inc., N.C.! Stipulation and Order to substitute party defendant and change case caption defendant the original complaint had in... Motion you must file it with the court clerk party suing, called the plaintiff to. Sheet is a terrific place to look for examples of complaints on your motion ( and attached amended that... Have example complaints on hundreds of topics then there is the plaintiff moved to defendants... Defendants name to reflect defendants official corporate name Seamark Enterprises, Inc week laterjust after the limitations period expired the! ). ). ). ). ). ). ) )... Between 1821 and 1851 and state court opinions called the plaintiff moved to correct defendants to. Trial court, study Rule 7.20 of the defendants in this case police! Ohio cases are available on microfiche review article ), full case are... Each paragraph in the trial court, study Rule 7.20 of the case type are used indicate... Sit down to write your own complaint phone number, and e-mail, address, phone number, e-mail!
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