Legal Definitions - John Doe defendant

A John Doe defendant refers to an individual or entity named in a lawsuit whose true identity is unknown at the time the legal action is initiated. It is a placeholder name used when a plaintiff (the person bringing the lawsuit) knows that a specific, unidentified party is responsible for harm or damages, but they do not yet know that party's actual name.

Using a "John Doe defendant" allows a plaintiff to file a lawsuit and begin legal proceedings, such as discovery, to uncover the true identity of the responsible party. Once the identity is discovered, the lawsuit is amended to replace the "John Doe" placeholder with the actual name of the defendant.

• Example 1: Hit-and-Run Accident

  Imagine a driver, Sarah, is involved in a hit-and-run accident where her car is significantly damaged. She saw the car that hit her but couldn't get the license plate number or a clear view of the driver. Sarah wants to sue for damages but doesn't know who to name as the defendant.

  How it illustrates the term: Sarah's attorney can file a lawsuit against "John Doe Defendant" to initiate the legal process. This allows them to issue subpoenas to local businesses for security camera footage or to the police department for accident reports, hoping to identify the actual driver. Once the driver's identity is confirmed, the lawsuit will be formally amended to name that individual instead of "John Doe."

• Example 2: Anonymous Online Defamation

  A small business owner, Mark, discovers that someone is posting highly damaging and false statements about his company on an anonymous online forum, causing him to lose customers. He knows the posts are coming from a specific user account on the forum but has no idea who is behind that account.

  How it illustrates the term: Mark's attorney can file a lawsuit against "John Doe Defendant" for defamation. This enables them to serve a subpoena on the online forum or internet service provider (ISP) to compel them to reveal the identity of the anonymous user. Once the user's real name is obtained, the lawsuit will be updated to reflect the actual defendant.

• Example 3: Construction Defect

  A homeowner, David, discovers a severe structural defect in his newly built house that was caused by faulty workmanship. He knows the general contractor, but suspects a specific, unidentified subcontractor or individual worker was responsible for the defect, and he wants to ensure all responsible parties are held accountable.

  How it illustrates the term: David's attorney might file a lawsuit against the general contractor and also include "John Doe Subcontractor" or "John Doe Worker" as defendants. This allows David to use the discovery process (e.g., reviewing construction documents, interviewing the general contractor's employees) to pinpoint which specific subcontractor or individual worker was responsible for the faulty work. Once identified, the "John Doe" placeholder will be replaced with the actual name of the responsible party.