Fictitious defendants, also known as John Doe defendants, are placeholders used in legal proceedings when the identity of a particular defendant is unknown at the time the lawsuit is filed. These defendants are named in the complaint to preserve the plaintiff’s right to bring claims against them once their identities are discovered. Fictitious defendants are commonly used in cases involving personal injury, medical malpractice, or product liability, where the plaintiff may be aware of the injury or harm suffered but uncertain about the specific individuals or entities responsible. Once the true identities of the defendants are determined, the plaintiff may amend the complaint to substitute the fictitious defendants with the proper parties.
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This glossary post was last updated: 29th March 2024.
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