Pleadings and Motions
Pleadings
Doe pleading names unknown defendants generically, allowing substitution once identity is discovered. Some states permit relation back to the original filing on substitution, while federal practice generally does not.
Federal courts treat Doe pleading as ineffective for limitations purposes.
Alternative Names:
Doe Defendant, Fictitious Party
Why it Matters?
The federal and state divergence is decisive, since a plaintiff who named Does in state court and had the case removed may find that substitution after limitations expired does not relate back under Rule 15(c). Krupski's mistake requirement is what forecloses it, because not knowing an identity is not a mistake concerning identity. In states permitting Doe relation back, the plaintiff must generally have exercised diligence in identifying the party.
Frequently Confused with
Related terms
Frequently asked questions
Does Doe substitution relate back in federal court?
Do state rules differ?
