Legal Definitions - fictitious defendants

Definition: Fictitious defendants are unknown defendants that plaintiffs include in their legal documents to avoid the statute of limitations. This means that the plaintiff can include the unknown defendant in their legal documents and relate back to that time whenever the true identity of the defendant is found. This is done so that the plaintiff can still sue the defendant even if the statute of limitations has already passed. However, the plaintiff must not know who the defendant is and must amend the legal documents to include the true name of the defendant as soon as they find out.

For example, if a person is injured in a car accident and they do not know who the other driver is, they can include a fictitious defendant in their legal documents. This allows them to sue the unknown driver and still have a chance to receive compensation for their injuries.

It is important to note that federal courts do not allow fictitious defendants, and each state has different rules and procedures for using them.