John Doe
John Doe is a fictitious name used in legal proceedings when the actual name of a party is unknown at the time a lawsuit is initiated. The designation may also be used to protect a plaintiff’s anonymity, though more commonly, it stands in for an unidentified defendant until the correct identity can be determined. Some state statutes and procedural rules expressly provide for the use of fictitious names. However, neither the Federal Rules of Civil Procedure nor the Judiciary Code provide direct guidance on the treatment of “Doe” parties in federal court. Since the mid-1960s, federal litigants have increasingly included Doe defendants in civil complaints. This has forced courts to reconcile the practice with the rules of federal civil procedure, FRCP 10(a), which requires that all parties be named. Different courts have developed varying standards, and most federal courts disfavor the use of Doe defendants. Nonetheless, in limited circumstances, courts have allowed fictitious designations when necessary to preserve a claim while the defendant’s identity is being established.
Outside of litigation, John Doe has long been used as a placeholder name for unidentified or deceased men, especially in medical, coroner, or law-enforcement contexts. The female equivalent is Jane Doe. Additional variations include John Roe, Richard Roe, Jane Roe, Baby Doe, Janie Doe, and Johnny Doe (commonly applied to children).
[Last reviewed in September of 2025 by the Wex Definitions Team]
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