John Doe
Encyclopedia
The name "John Doe" is used as a placeholder name
in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown. This practice is widely used in the United States
and Canada
, but is rare in other English-speaking countries (including the United Kingdom
itself, from where its use in a legal context originates – see Origin below). The name Joe Bloggs is used in the U.K instead, as well as in Australia and New Zealand.
, Joe Public or John Smith. For example, on various forms, the first name listed is often John Doe, along with a fictional address or other fictional information, to provide an example of how to fill out the form. The name is also used frequently in popular culture, for example in the Frank Capra
film Meet John Doe
. John Doe was also the name of a 2002 American television series
.
The female equivalent of John is Jane Doe, whilst a child or baby whose identity is unknown may be referred to as Baby Doe. A notorious murder case in Kansas City, Missouri
referred to the baby victim as Precious Doe
. Other unidentified female murder victims are Cali Doe
and Princess Doe
. Additional persons may be called James Doe, Judy Doe, etc. However, to avoid possible confusion, if two anonymous or unknown parties are cited in a specific case or action, the surnames Doe and Roe may be used simultaneously; for example, "John Doe v. Jane Roe". Other variations are John Stiles and Richard Miles, now rarely used, and Mary Major, which has been used in some American federal cases.
The Doe names are often, though not always, used for anonymous or unknown defendants. Another set of names often used for anonymous parties, particularly plaintiff
s, are Richard Roe for males and Jane Roe for females (as in the landmark U.S. Supreme Court
abortion decision Roe v. Wade
).
Bearing the actual name John Doe can cause difficulty, such as being stopped by airport security or suspected of being an incognito celebrity.
(1312–1377).
Other obsolete fictitious names for a person involved in litigation under English law were John-a-Noakes, or John Noakes/Nokes and John-a-Stiles/John Stiles.
The Oxford English Dictionary
states that John Doe is "the name given to the fictitious
lessee of the plaintiff, in the (now obsolete in the UK) mixed action of ejectment
, the fictitious defendant being called Richard Roe".
This particular use became obsolete in the UK in 1852:
The term 'John Doe Injunction' (or John Doe Order) is used in the UK to describe an injunction
sought against someone whose identity is not known at the time it is issued:
Whiteacre, Blackacre, Greenacre and so on
, similar placeholder name
s in Property law
used in common law
jurisprudence
.
Placeholder name
Placeholder names are words that can refer to objects or people whose names are either temporarily forgotten, irrelevant, or unknown in the context in which they are being discussed...
in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown. This practice is widely used in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, but is rare in other English-speaking countries (including the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
itself, from where its use in a legal context originates – see Origin below). The name Joe Bloggs is used in the U.K instead, as well as in Australia and New Zealand.
Usage
John Doe is sometimes used to refer to a typical male in other contexts as well, in a similar manner as John Q. PublicJohn Q. Public
John Q. Public is a generic name in the United States to denote a hypothetical member of society deemed a "common man." He is presumed to represent the randomly selected "man on the street."...
, Joe Public or John Smith. For example, on various forms, the first name listed is often John Doe, along with a fictional address or other fictional information, to provide an example of how to fill out the form. The name is also used frequently in popular culture, for example in the Frank Capra
Frank Capra
Frank Russell Capra was a Sicilian-born American film director. He emigrated to the U.S. when he was six, and eventually became a creative force behind major award-winning films during the 1930s and 1940s...
film Meet John Doe
Meet John Doe
Meet John Doe is a 1941 American comedy drama film directed and produced by Frank Capra, and starring Gary Cooper and Barbara Stanwyck. The film is about a "grassroots" political campaign created unwittingly by a newspaper columnist and pursued by a wealthy businessman. It became a box office hit...
. John Doe was also the name of a 2002 American television series
John Doe (TV series)
John Doe is an American science fiction drama television series that aired on Fox during the 2002–2003 TV season.-Synopsis:"I woke up in an island off the coast of Seattle. I didn't know how I got there ... or who I was. But I did seem to know everything else. There were things about me I didn't...
.
The female equivalent of John is Jane Doe, whilst a child or baby whose identity is unknown may be referred to as Baby Doe. A notorious murder case in Kansas City, Missouri
Kansas City, Missouri
Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties...
referred to the baby victim as Precious Doe
Precious Doe
Precious Doe was a pseudonym assigned to an unidentified female corpse discovered on April 28, 2001, in Kansas City, Missouri. The girl had been murdered and decapitated . The body was naked and the head was wrapped in a trash bag and dumped nearby...
. Other unidentified female murder victims are Cali Doe
Cali Doe
Cali Doe is the name given to an unidentified homicide victim found in Caledonia, New York on November 9, 1979. With the use of pollen testing it is thought she came from Arizona, California, South Florida, or Mexico....
and Princess Doe
Princess Doe
Princess Doe is the name given to an unidentified homicide victim found in Blairstown, New Jersey, United States. The body was a young white female between the ages of 14 and 18. Her face had been bludgeoned beyond recognition. The approximate height of the victim was 5'2" and her weight was...
. Additional persons may be called James Doe, Judy Doe, etc. However, to avoid possible confusion, if two anonymous or unknown parties are cited in a specific case or action, the surnames Doe and Roe may be used simultaneously; for example, "John Doe v. Jane Roe". Other variations are John Stiles and Richard Miles, now rarely used, and Mary Major, which has been used in some American federal cases.
The Doe names are often, though not always, used for anonymous or unknown defendants. Another set of names often used for anonymous parties, particularly plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s, are Richard Roe for males and Jane Roe for females (as in the landmark U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
abortion decision Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
).
Bearing the actual name John Doe can cause difficulty, such as being stopped by airport security or suspected of being an incognito celebrity.
Origin
The name "John Doe", often spelled "Doo," along with "Richard Roe" or "Roo" were regularly invoked in English legal instruments to satisfy technical requirements governing standing and jurisdiction, beginning perhaps as early as the reign of England's King Edward IIIEdward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...
(1312–1377).
Other obsolete fictitious names for a person involved in litigation under English law were John-a-Noakes, or John Noakes/Nokes and John-a-Stiles/John Stiles.
The Oxford English Dictionary
Oxford English Dictionary
The Oxford English Dictionary , published by the Oxford University Press, is the self-styled premier dictionary of the English language. Two fully bound print editions of the OED have been published under its current name, in 1928 and 1989. The first edition was published in twelve volumes , and...
states that John Doe is "the name given to the fictitious
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
lessee of the plaintiff, in the (now obsolete in the UK) mixed action of ejectment
Ejectment
Ejectment is the common law term for civil action to recover the possession of and title to land. It replaced the old real actions as well as the various possessory assizes...
, the fictitious defendant being called Richard Roe".
This particular use became obsolete in the UK in 1852:
As is well known, the device of involving real people as notional lessees and ejectors was used to enable freeholders to sue the real ejectors. These were then replaced by the fictional characters John Doe and Richard Roe. Eventually the medieval remedies were (mostly) abolished by the Real Property Limitation Act of 1833; the fictional characters of John Doe and Richard Roe by the Common Law Procedure Act 1852; and the forms of action themselves by the Judicature Acts 1873-75."
Secretary of State for Environment, Food, and Rural Affairs (Respondent) v Meier and another(FC) (Appellant) and others and another (FC)(Appellant) and another (2009).
The term 'John Doe Injunction' (or John Doe Order) is used in the UK to describe an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
sought against someone whose identity is not known at the time it is issued:
"8.02 If an unknown person has possession of the confidential personal information and is threatening to disclose it, a 'John Doe' injunction may be sought against that person. The first time this form of injunction was used since 1852 in the United Kingdom was in 2005 when lawyers acting for JK Rowling and her publishers obtained an interim order against an unidentified person who had offered to sell chapters of a stolen copy of an unpublished Harry Potter novel to the media".Unlike in the United States the name (John) Doe does not actually appear in the formal name of the case, for example: X & Y v Persons Unknown [2007] HRLR 4.
Court cases
- The landmarkLandmark decisionLandmark court decisions establish new precedents that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law...
1973 United States Supreme Court abortion case Roe v. WadeRoe v. WadeRoe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
gets half of its name from Jane Roe, an anonymous plaintiff later revealed to be Norma McCorveyNorma McCorveyNorma Leah McCorvey , better known by the legal pseudonym "Jane Roe", was the plaintiff in the landmark American lawsuit Roe v. Wade in 1973. The U.S. Supreme Court overturned individual states' laws against abortion by ruling them unconstitutional...
. - A TorontoTorontoToronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
woman, publicly known only as Jane Doe, waged an 11-year court battle against the Toronto Police ServiceToronto Police ServiceThe Toronto Police Service , formerly the Metropolitan Toronto Police, is the police service for the city of Toronto, Ontario, Canada. It is the largest municipal police service in Canada and second largest police force in Canada after the Royal Canadian Mounted Police...
after being rapeRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
d in 1986, alleging that the police had used her as bait to catch the Balcony RapistPaul CallowPaul Douglas Callow is a Canadian serial rapist who was convicted of having raped several women in the Toronto area in the mid-1980s. Because of this method and the fact that his identity was unknown, he was called the Balcony Rapist...
. She won the case in 1998, and was named ChatelaineChatelaine (magazine)Chatelaine is an English-language Canadian magazine of women's lifestyles. Both Chatelaine and its French-language version, Châtelaine, are published monthly by Rogers Media, Inc., a division of Rogers Communications, Inc...
s Woman of the Year that year. She published a book about her experience, The Story of Jane Doe, in 2003. - A Doe subpoenaDoe subpoenaA Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John Doe and then use the tools of the discovery process to seek the defendant's true name...
is a tool of discoveryDiscovery (law)In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
that a plaintiff may use to seek the identity of an unknown defendant. Doe subpoenas are often served on online service providerOnline service providerAn online service provider can for example be an internet service provider, email provider, news provider , entertainment provider , search, e-shopping site , e-finance or e-banking site, e-health site, e-government site, Wikipedia, Usenet...
s and ISPs to obtain the identity of the author of an anonymous postAnonymous postAn anonymous post is an entry on a bulletin board system, Internet forum or message board, blog, or other discussion forum without a screen name or more commonly by using a non-identifiable pseudonym....
. - Serial killer Richard Laurence MarquetteRichard Laurence MarquetteRichard Laurence Marquette is an American convicted murderer. Marquette was a serial killer who killed three women, drained their blood, mutilated and dismembered their bodies and scattered their remains...
confessed to the murder of an unknown woman identified only as Jane Doe. - File sharing websites were blocked in IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
on July 21, 2011 on some ISPs including Bharti AirtelBharti AirtelBharti Airtel Limited , commonly known as Airtel, is an Indian telecommunications company that operates in 20 countries across South Asia, Africa and the Channel Islands. It operates a GSM network in all countries, providing 2G or 3G services depending upon the country of operation...
, BSNL, Reliance CommunicationsReliance CommunicationsReliance Communications Ltd. is an Indian broadband and telecommunications company headquartered in Navi Mumbai, India. RCOM is the world's 16th largest mobile phone operator with over 144 million subscribers. Established on 2004, a subsidiary of the Reliance Group...
because Reliance BIG Pictures got a “John Doe” order from Delhi High Court allowing them to service cease and desist notices on movie pirates pirating the film Singham.. This had allegedly brought down piracy of the film by 30%. - On August 29, 2011 Reliance Entertainment procured an 'John Doe' order from the Delhi High Court to prevent the illegal broadcast or streaming of its upcoming film, BODYGUARD. This 'John Doe' Order gives protection to the intellectual property owner, Reliance Entertainment, from copyright violation by prospective anonymous offenders. .
See also
|
John Q. Public John Q. Public is a generic name in the United States to denote a hypothetical member of society deemed a "common man." He is presumed to represent the randomly selected "man on the street."... Luther Blissett (nom de plume) Luther Blissett is a multiple-use name, an "open reputation" informally adopted and shared by hundreds of artists and activists all over Europe and the Americas since 1994... Nomen nescio Nomen nescio, abbreviated to N.N., is used to signify an anonymous or non-specific person. From Latin nomen, name, and nescire, not to know, be ignorant of. Together, I do not know the name.... |
Tommy Atkins Tommy Atkins is a term for a common soldier in the British Army that was already well established in the 19th century, but is particularly associated with World War I. It can be used as a term of reference, or as a form of address. German soldiers would call out to "Tommy" across no man's land if... Multiple-use name A multiple-use name is a name used by many different people to protect anonymity. It is a strategy that has been adopted by many unconnected radical and cultural groups, where the construct of personal identity has been criticised... Placeholder name Placeholder names are words that can refer to objects or people whose names are either temporarily forgotten, irrelevant, or unknown in the context in which they are being discussed... |
Blackacre
Blackacre, Whiteacre, Greenacre, Brownacre, and variations are the placeholder names used for fictitious estates in land.The names are used by professors of law in common law jurisdictions, particularly in the area of real property and occasionally in contracts, to discuss the rights of various...
, similar placeholder name
Placeholder name
Placeholder names are words that can refer to objects or people whose names are either temporarily forgotten, irrelevant, or unknown in the context in which they are being discussed...
s in Property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
used in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
.