A party who is ignorant, in whole or in part, of the name or identity of a person who may properly be made a party, may proceed against such person as an unknown party by designating so much of his name and identity as is known. If the name or remainder of the name becomes known all subsequent proceedings shall be taken under the true name and all prior proceedings shall be deemed amended accordingly.
§ 1024.Unknown parties.
Article 10. Parties Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1024 lets a party who does not know the full name or identity of someone who should be joined proceed against that person under a John Doe or Jane Doe style designation, with proceedings deemed amended to the true name once it becomes known.
Full Text of CPLR 1024
Plain-English Summary
Sometimes a plaintiff knows someone belongs in a lawsuit without knowing exactly who that person is. CPLR 1024 lets a party proceed against an unknown party by designating as much of the person's name and identity as is known -- the familiar John Doe or Jane Doe placeholder, or something more specific if more is known, like a job title or a physical description.
The rule doesn't leave that placeholder in place forever. Once the party's name, or the rest of an incomplete name, becomes known, every subsequent step in the case has to proceed under the true name. And critically, the earlier proceedings aren't treated as defective just because they used the placeholder -- they're deemed amended to reflect the true name once it surfaces.
That amendment-by-operation-of-law feature matters most for statute of limitations purposes: a case commenced against an unknown party within the limitations period, later identified and substituted in by true name, relates back to the original filing rather than starting over as an untimely new claim.
Frequently Asked Questions
How do I sue someone whose name I don't know in New York?
CPLR 1024 lets you proceed against that person as an unknown party, designating whatever part of their name or identity you know, until the true name becomes known.
What happens once I learn the true name of a John Doe defendant in New York?
Under CPLR 1024, all subsequent proceedings must use the true name, and the earlier proceedings are deemed amended to reflect it, rather than treated as though they never properly named the party.
Does using a Jane Doe designation in New York affect the statute of limitations?
CPLR 1024's rule that prior proceedings are deemed amended to the true name once it is known lets a timely case against an unknown party carry its original filing date forward once the true identity is substituted in.
How much information do I need to name an unknown party under CPLR 1024?
The rule only requires designating as much of the person's name and identity as is known, which can be a partial name, a title, or a description sufficient to identify who's meant.
What is a John Doe defendant in New York civil procedure?
It's a placeholder designation under CPLR 1024 used when a party knows someone should be joined in the lawsuit but doesn't yet know that person's full name or identity.
Advisory Committee Notes
The chief occasion for proceeding against unknown parties is in connection with unknown heirs of deceased owners of land, and service on them is typically by publication. This section is suggested by § 215 of the CPA and New Jersey rule 4:30-4. Cf. NY Civ Prac Act §§ 232-a(6), 1036, 1055, 1064–69, 1073. To take care of possible counterclaim situations “party” is used instead of “defendant” in the title and the body of the statute. The provision of § 215 for a fictitious name is eliminated. There is no general provision in the Federal rules for unknown parties. Cf. Fed R Civ P 25(c). Several of the states which have followed the Federal rules likewise have no general provision for unknown parties.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1024 New YorkJohn Doe defendant New YorkJane Doe lawsuit New Yorkunknown party New York civil proceduresuing unidentified defendant New Yorkamend to true name New York lawsuitrelation back unknown defendant New York