In any action, irrespective of the amount in controversy, other than an action governed by R. 4:4-5 (affecting specific property or a res), if the defendant’s true name is unknown to the plaintiff, process may issue against the defendant under a fictitious name, stating it to be fictitious and adding an appropriate description sufficient for identification. Plaintiff shall on motion, prior to judgment, amend the complaint to state defendant’s true name, such motion to be accompanied by an affidavit stating the manner in which that information was obtained. If, however, defendant acknowledges his or her true name by written appearance or orally in open court, the complaint may be amended without notice and affidavit. No final judgment shall be entered against a person designated by a fictitious name.
Rule 4:26-4.Fictitious Names; In Personam Actions
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:26-4 lets a plaintiff who does not know a defendant's true name sue that defendant under a fictitious name with an identifying description, then amend to the true name before judgment, and bars any final judgment against a defendant still designated fictitiously.
Full Text of Rule 4:26-4
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 7:4-5 (first paragraph); amended July 15, 1982 to be effective September 13, 1982; amended July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
When a plaintiff knows a defendant exists but not the defendant’s name, this rule allows a fictitious-name (John Doe) designation. Except in the in rem actions governed by Rule 4:4-5, process may issue against a defendant under a fictitious name, stated to be fictitious and paired with a description sufficient for identification. Used with the relation-back rule, this lets a plaintiff preserve a claim against an unidentified party while the limitations period runs.
The fiction must eventually give way to the real name. The plaintiff moves, before judgment, to amend the complaint to the defendant’s true name, supported by an affidavit explaining how the name was learned (or, if the defendant acknowledges the name, without notice and affidavit). No final judgment may be entered against a person still designated by a fictitious name.
Frequently Asked Questions
Can you sue a defendant whose name you do not know?
Yes. Outside in rem actions, you may sue under a fictitious name — a John Doe designation — stated to be fictitious and paired with an identifying description, then amend to the true name before judgment.
Can a judgment be entered against a John Doe defendant?
No. No final judgment may be entered against a defendant still designated by a fictitious name; the plaintiff must first amend the complaint to state the defendant’s true name.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:26-4). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: fictitious namesJohn Doe defendantunknown defendant namefictitious partyamend to true name