Legal Definitions - John Doe summons

A John Doe summons is a legal document issued by a court that orders an individual to appear or respond to a lawsuit, even though their true identity is unknown at the time the document is issued.

In legal proceedings, a "summons" is a formal notice informing someone that they are being sued or are required to appear in court. The term "John Doe" is a traditional placeholder name used in legal contexts when the actual name of a person is not known. Therefore, a John Doe summons is used when a party initiating a lawsuit knows who they want to sue or compel to appear, but they do not yet know the person's official legal name. This allows the legal process to begin while efforts are made to discover the individual's true identity.

Here are some examples:

• Online Defamation Case: Imagine a small business owner discovers that an anonymous user is posting false and damaging reviews about their company on a popular review website. The owner wants to sue the individual for defamation but only knows the user's online handle, not their real name. The business owner's attorney might file a lawsuit against "John Doe" or "Jane Doe" (representing the unknown individual) and issue a John Doe summons. This allows them to begin the legal process and then use court-ordered discovery (like a subpoena to the website or internet service provider) to uncover the anonymous user's true identity.

  This illustrates a John Doe summons because the plaintiff knows they have been harmed by a specific person and wants to pursue legal action, but the defendant's identity is concealed, necessitating the use of a placeholder name to initiate the suit.

• Protest-Related Property Damage: A city experiences significant property damage to public buildings during an unauthorized protest. While the city has video footage and photographic evidence of individuals causing damage, they do not know the names of these specific individuals. To hold them accountable, the city's legal department might file a lawsuit against "John Doe 1, John Doe 2, John Doe 3," and so on, representing the unknown individuals depicted in the evidence, and issue a John Doe summons for each. They would then seek to identify these individuals through further investigation or court-ordered discovery.

  This demonstrates the use of a John Doe summons when there are clear actions by identifiable individuals, but their personal details are unknown, allowing the legal system to address the wrongdoing without immediate knowledge of the perpetrators' names.

• Hit-and-Run Accident: A person is injured in a hit-and-run car accident. They manage to get a partial license plate number and a description of the driver, but the police investigation has not yet identified the driver. To ensure they can file a lawsuit within the statute of limitations (the time limit for bringing a legal claim), the injured party's attorney might file a personal injury lawsuit against "John Doe" as the unknown driver and issue a John Doe summons. This preserves their right to sue while law enforcement and their own investigators continue efforts to identify the actual driver.

  This example highlights how a John Doe summons can be crucial for preserving legal rights when a specific, identifiable individual has caused harm, but their identity remains elusive, allowing the legal clock to start ticking on the claim.