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Topic: Unnamed Parties - Filing a Complaint

Created on: 11/29/13 01:02 PM

Replies: 2

MICHAEL22


Joined: 11/28/13

Posts: 6

Unnamed Parties - Filing a Complaint
11/29/13 1:02 PM

I am going to file suit in state court against some state actors in their individual capacities under 42 USC 1983. However, I cannot get the names of the individuals who executed the power of the state against my property without due process of law. I know some names which can be joined in the conspiracy. I do not know the key names.

How does one file a complaint when all of the parties are not named?

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Unnamed Parties - Filing a Complaint
11/30/13 12:19 PM

One way is to list John Does and Mary Does in caption, then within the pleading state that these names refer to persons as yet unknown who will be identified by discovery and then listed and subsequently served.

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J2


Joined: 01/26/14

Posts: 3

RE: Unnamed Parties - Filing a Complaint
01/31/14 6:28 PM

Be certain to add et al. at the end of the list of Defendants. I learned this the hard way and the Clerk advised me, so I always include et al.

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