Rule 2005. Unknown Defendant. Doe Designation.
(a) This rule shall only apply to in personam actions.
(b) The plaintiff or joining party may designate an unknown defendant by a Doe designation in a complaint provided that:
(1) a defendant’s actual name is unknown to the plaintiff or joining party after having conducted a reasonable search with due diligence;
(2) the Doe designation is averred to be fictitious;
(3) a factual description of the unknown defendant is averred with sufficient particularity for identification; and
(4) the plaintiff or joining party avers that a reasonable search to determine the actual name has been conducted.
Official Note
This rule does not authorize use of a Doe designation in an action commenced by a writ of summons.
The unknown defendant should be designated by a Doe designation such as John Doe or Jane Doe.
(c) Within 20 days after the actual name of the defendant has been identified, the plaintiff or joining party shall file a motion to amend the complaint pursuant to this rule and Rule 1033 by replacing the Doe designation with the defendant’s actual name. An affidavit shall be attached to the motion describing the nature and extent of the investigation that was made to determine the identity of the defendant, and the date upon and the manner in which the defendant’s actual name was identified.
Official Note
Rule 1033 and this rule govern the requirements for amending a complaint to replace a Doe designation with the actual name of a defendant.
(d) The court shall grant a motion to amend filed pursuant to subdivision (c) unless the court finds that the party seeking the amendment failed to exercise due diligence in identifying the actual name of the defendant.
(e) A defendant introduced to an action by its actual name in an amended complaint, after the filing of a motion pursuant to subdivision (c) and the court’s ruling, may respond by preliminary objection challenging compliance with this rule, asserting prejudice or any other ground set forth in Rule 1028.
(f) No subpoena in aid of discovery relating to a defendant identified by a Doe designation may be issued or be served without leave of court upon motion stating with particularity from whom information is sought and how the discovery will aid in identification of the unknown defendant. In deciding the motion, the court shall weigh the importance of the discovery sought against unreasonable annoyance, embarrassment, oppression, burden, or expense to any person or party from whom the discovery is sought, and prejudice to any person or entity suspected of being the unknown defendant. Leave to serve a subpoena in aid of discovery does not preclude a challenge to the subpoena by the person or entity served.
(g) No final judgment may be entered against a defendant designated by a Doe designation.
Source The provisions of this Rule 2005 adopted January 24, 2019, effective April 1, 2019, 49 Pa.B. 608.
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