Can a defendant be named as a John Doe?

A “John Doe” defendant is a stand-in for a real person you are suing. If you do not know the person’s name or identity, you can still list them as a defendant. You would just list them as “John Doe.” If there are multiple John Doe defendants, they can be named as:

How to add a Doe defendant to a complaint?

In California, if you are ignorant of the name or identity of a defendant, you may still name that defendant in your complaint by naming him as a “Doe” (as in John Doe). This is allowed by Code of Civil Procedure 474. [CCP 474]. This is why the caption in many legal Complaints filed in California read like this: Henry Hurt, Plaintiff.

When to use a doe in a case?

DOE defendants are commonly named in complaints to substitute for defendants whose identity is not yet ascertained. By holding the place for a later-identified defendant, “DOE” designations are universally used in state court practice to permit filing an action before the expiration of the statute of limitations.

How does a John Doe lawsuit work in California?

The identity of John Doe defendants is often found during the discovery process. This is the period during the lawsuit where most of the evidence is gathered. Each state has its own procedure for John Doe defendants. In California, it is outlined in Code of Civil Procedure Section 474.

Can you name a defendant as a doe?

What is a Doe Defendant? In California, if you are ignorant of the name or identity of a defendant, you may still name that defendant in your complaint by naming him as a “Doe” (as in John Doe). This is allowed by Code of Civil Procedure 474. [ CCP 474 ]. This is why the caption in many legal Complaints filed in California read like this:

In California, if you are ignorant of the name or identity of a defendant, you may still name that defendant in your complaint by naming him as a “Doe” (as in John Doe). This is allowed by Code of Civil Procedure 474. [CCP 474]. This is why the caption in many legal Complaints filed in California read like this: Henry Hurt, Plaintiff.

Is a corporate defendant subject to general personal jurisdiction?

This post is part of the Delaware law series; links to other posts in the series are available here. On May 30, 2017, the U.S. Supreme Court strongly reaffirmed the Daimler rule that a corporate defendant is typically subject to general personal jurisdiction only in its place of incorporation and its principal place of business.

What happens if a plaintiff misnames a defendant?

If the plaintiff misnames a defendant (e.g., by using a different middle name than the actual defendant), the judgment would be unenforceable. However, if the plaintiff named DOES in the complaint, the complaint could be amended by substituting the defendant’s correct name for one of the DOES, thus correcting the error.