The term “John Doe” refers to a person whose true identity is unknown. It is commonly used to refer to a party whose identity is uncertain, unknown or indeterminate, and is frequently used when a litigant wishes to sue an unknown defendant. In legal terms, a “John Doe” is a generic placeholder which refers to a hypothetical party who has one or more characteristics to help identify them, such as an address, age or gender.
In some cases, “John Doe” is used even if the person’s true identity is known. For example, when filing lawsuits for invasion of privacy, a plaintiff may wish to use a “John Doe” rather than the defendant’s real name in an effort to protect their anonymity. In this way, “John Doe” is intended to provide some degree of anonymity in the proceedings.
Another commonly seen usage of the term “John Doe” is in criminal cases as a generic name for an unidentified suspect. In a criminal investigation, a John Doe warrant may be used to search for an unknown suspect. When a John Doe warrant is used, it cannot be served on a specific individual for the purposes of arresting or charging that individual with a crime.
Understanding the importance of the generic term “John Doe” is critical to the legal community. The term allows investigators to search for persons or groups of people whose true identities remain anonymous, granting them a degree of protection in legal cases, and ensuring that criminal cases proceed with due diligence even where the suspect’s identity is unknown.