Rule 8-1 Actions Instituted Using Fictitious Name of Defendant

Sometimes you need to sue someone but you don't know their real name yet. This rule lets you start a lawsuit using a made-up name for that person, as long as you describe them well enough that they can be identified. For example, you might sue "John Doe" and describe him as "the driver of the blue truck that hit my car on Main Street."

Once you learn the person's real name, you have to fix the court paperwork before the case can end with a judgment. To do this, you file a motion and let the defendant know about it. You also need to file a sworn statement (called an affidavit) explaining how you found out their real name. The court will not let you make this change, and will not issue a final judgment, until that statement is on file.

There's one exception to the affidavit rule. If the defendant has already told the court their real name, either in writing, in a court filing, or by saying it out loud in court, you don't need to file the affidavit. The name change can happen without it.

Finally, this rule also allows lawsuits to use shortened versions of a person's name. You can sue someone using just their initials or a nickname instead of their full legal name, and the case can still move forward and end in a valid judgment.