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: Cleveland Law Library Weblog

Supreme Court Places Restrictions on Naming John Doe Defendants

By Cleveland Law Library

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The Ohio Supreme Court decision in Erwin v. Bryan has clarified when plaintiffs can and cannot name John Doe defendants under Civil Rule 15. The crux of the opinion is that using that designation is acceptable if a plaintiff knows who a defendant is but does not know his/her/its name in time to file to meet a statute of limitation. However, the Court will not allow parties to use "placeholders" for unknown defendants to buy time to find them after a statute of limitations has run. Click here to read the Court's press release and to find the link for the oral argument in the case.

Full post as published by Cleveland Law Library Weblog on May 27, 2010 (boomark / email).

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