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Use of Fictitious Name for Parties in Civil Litigation in Oregon


Article, from the Oregon State Bar Litigation Section, June/July 2017:

Judge’s Corner:

“Use of Fictitious Names for Parties in Civil Litigation in Oregon,” by The Honorable James Hargreaves (Senior Judge, retired), Lane County Circuit Court (June/July 2017):


Use of Fictitious Names for Parties in Civil Litigation in Oregon


Over the last 20 years or so there have been a number of cases in the Oregon Reports that reflect the use of fictitious names for parties in civil litigation, particularly plaintiffs. Certainly, the “poster child” example of this type of pleading is found in a case that arose out of Multnomah County Circuit Court and is styled, John Roe, v. Jane Doe, 161 Or. App. 477(1999), where both parties appeared under fictitious names. At the trial court level, essentially all documents in the case, as well as the recorded record of the proceedings, were “sealed” by judge so that nowhere in the trial court records of the case can the true names of the parties be ascertained. The appeal was filed in the Court of Appeals, heard and decided under the fictitious names, without any disclosure of the true names of the parties, and without comment by the Court of Appeals regarding the fact that neither party is actually named anywhere in the litigation….[Link to full article.]

[Link to Internet Archive copy.]

Hat tip to Oregon Women Lawyers (OWLs).

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