Legal Definitions - fictitious party

A fictitious party refers to a placeholder name used in a legal document, such as a lawsuit, when the true identity of one of the parties involved is unknown at the time the document is filed. This practice allows a case to be initiated and proceed even when the plaintiff (the person bringing the lawsuit) does not yet know the exact name of a defendant (the person being sued). Once the true identity is discovered through investigation or legal discovery processes, the fictitious name is replaced with the individual's or entity's actual name.

Here are some examples illustrating the concept of a fictitious party:

• Example 1: Hit-and-Run Accident

  Imagine a pedestrian is struck by a car whose driver immediately flees the scene. The pedestrian suffers serious injuries and wants to sue for damages, but they only saw the make and model of the car, not the driver's license plate or the driver's identity. To initiate a lawsuit before the statute of limitations expires, the pedestrian's attorney might file a complaint against "John Doe" or "Jane Doe," representing the unknown driver. This "John Doe" or "Jane Doe" is a fictitious party. The lawsuit can then proceed, allowing the attorney to use legal tools like subpoenas to obtain traffic camera footage, police reports, or witness statements to identify the actual driver. Once the driver is identified, the complaint will be amended to replace "John Doe" with the driver's real name.

• Example 2: Anonymous Online Defamation

  A small business owner discovers a series of highly damaging and false reviews posted about their company on various online forums by anonymous users. These reviews are clearly defamatory and are harming the business's reputation and sales. To take legal action, the business owner's attorney might file a lawsuit against "Anonymous User 1," "Anonymous User 2," and "Anonymous User 3" as fictitious parties. The lawsuit would then seek a court order (a subpoena) to compel the website hosts or internet service providers to reveal the IP addresses and subscriber information associated with these anonymous posts, thereby identifying the real individuals behind the defamation. Once identified, the lawsuit would be updated with their actual names.

• Example 3: Construction Defect Claim

  A homeowner discovers significant structural defects in their newly built house, but the original construction company has gone out of business. The homeowner suspects that a specific subcontractor or supplier might be responsible for the faulty work or materials, but they don't have the exact name of the responsible entity or individual. To preserve their legal rights, the homeowner's attorney might file a lawsuit against "XYZ Subcontractor Company" or "Unknown Supplier A" as fictitious parties. Through the discovery process, such as reviewing old building permits, invoices, or interviewing former employees of the defunct construction company, the attorney can work to uncover the true identity of the responsible subcontractor or supplier. Once identified, the fictitious name would be removed and replaced with the actual name of the responsible party.