Filing a Lawsuit Anonymously
In some cases, a person might be able to file a lawsuit as an anonymous plaintiff. Traditionally, lawsuits, and the parties to lawsuits, are a matter of public record. There are cases, however, when it is in the interests of justice to allow a plaintiff to proceed anonymously. In such cases, the plaintiff’s name will not be used in any of the filings. They will usually be known as “John Doe”, “Jane Doe” or something similar.
If the plaintiff’s privacy interests outweigh the public’s interest in an open court proceeding, and will not unduly prejudice the defendant, the plaintiff may proceed anonymously.
In making this determination, there are many factors a court will consider:
- Whether the plaintiff is merely seeking to avoid the publicity and inconvenience that might accompany the filing a lawsuit, or the plaintiff is seeking to protect private information of a highly sensitive nature
- Whether disclosure of the plaintiff’s name would create a significant risk of retaliation against the plaintiff or others
- The age of the plaintiff
- The risk of unfairness to the opposing party
In addition, courts can consider any other factors which might be relevant in making this determination.
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Last Modified: 02-27-2009 04:29 PM PST
