When the name of a defendant is unknown, that individual is named as “John Doe” when filing a lawsuit. This allows you to proceed with your complaint even if you are unaware of a defendant’s identity.
Naming a “John Doe” as a Defendant
Filing suit in the state of California permits you to use a generic “Doe” moniker as a placeholder with the intent of adding the real names of the individual or individuals in the complaint once they have been identified.
- Gender Distinctions: John Doe is used for male defendants to be named later, Jane Doe used for female defendants.
- Code of Civil Procedure 474: Provides additional time to locate these individuals, which is often achieved as part of the discovery phase and allows you to name as many individuals as necessary in your complaint.
For example, a legal complaint filed in California will typically contain the following caption: Dick Smith, Plaintiff vs. Tom Jones, Jane Doe, and John Does #1-4, Defendants
In this legal complaint, Dick Smith, the plaintiff, is filing a lawsuit against six defendants, but only one of their identities, Tom Jones, is known in the complaint. The other five defendants are named as Jane Doe and John Does #1-4.
This method also allows for additional defendants to be named should it be necessary to add other parties to the complaint. In the above-captioned complaint, Dick Smith was injured in a boating accident. The individual operating the boat was Tom Jones, but the complaint may be able to hold the owner of the boat and the owner of the establishment that rents these boats out to the public accountable in the complaint as well.
The law provides Mr. Smith time to locate the identities of additional defendants and amend the complaint at a later date to replace Jane Doe or John Doe with the actual identities once they are established.
Discovering the Identity of a “John Doe” Defendant
Once the identity of a John Doe defendant has been identified, there are several steps that come next in proceeding with the complaint.
Amend the Complaint
As per California Code of Procedure 474 and 472, when the time comes to replace the “Doe” moniker with the true identity of the defendant to be named in the lawsuit, the complaint must be amended appropriately to include the defendant’s full name.
- The plaintiff is afforded the ability to amend the complaint without the court’s permission one time and prior to an answer being filed or a demurrer is heard on the matter.
- After an answer or demurrer, the complaint may only be amended with the court’s consent, these are typically granted “ex parte” which means a form is submitted to the court and is signed by the judge without notice to the defendant.
Serve the Defendant
After amending the complaint, the defendant who is now included in that complaint must be served the same as any other defendants named in the lawsuit.
- The newest defendant may be served a summons and the complaint.
- You don’t need to include the amendment to the complaint along with the other documentation, just be sure the Proof of Service clearly establishes this new defendant is being served the complaint as a John Doe or Jane Doe defendant.
- When serving the summons to the John Doe or Jane Doe defendant, the amended summons is not necessary, the original version will suffice.
Adding a “John Doe” Defendant When the Statute of Limitations Has Run
A John Doe or Jane Doe defendant may be added to a complaint and subsequently served after the limitations for filing have passed under certain conditions.
For starters, John Doe or Jane Doe defendants must have been named in the original complaint with a lawful cause of action made against those individuals. In addition, the amended complaint must reflect the same previously established facts in the case and the plaintiff must prove that he or she was absolutely unaware of the identity(s) of the John Doe or Jane Doe defendants when the original complaint was filed.
Speak to an Attorney
Filing any complaint and proceeding with a lawsuit should always be done with reputable and experienced legal support on your side. The Law Office of Fahim Rahman understands that filing and amending a complaint to add John Doe or Jane Doe defendants can be an intricate matter that requires the advice of a skilled attorney.
If you plan to file a civil case against a defendant or defendants that you are currently unable to identify, attorney Fahim Rahman is ready to guide you through the filing process and discovery phase to help you determine who needs to be held accountable and bring those individuals before a court of law.
Don’t wait to protect your rights and get the compensation you deserve. Reach out to the Law Office of Fahim Rahman today to schedule a free consultation to go over the facts of your complaint and determine the next steps forward in your case. The longer you wait, the greater the risk of missing your chance to file a lawsuit, especially with time-sensitive matters such as personal injury claims and DUI arrests.