fictitious pleading rule (New Jersey) · Go Syfert
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fictitious pleading rule in New Jersey

11 New Jersey opinions name it 1 courts 1997–2026 8 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Matynska v. Friedgreen
nj · 2002 · cited in 6 New Jersey opinions naming this issue, 2020–2026
2 sentences

2026Although the fictitious pleading rule allows a party to amend its complaint after the expiration of the SOL, "case law has emphasized the need for plaintiffs and their counsel to act with due diligence in attempting to identify and sue responsible parties within the [SOL] period." Id. at 438; see, e.g., Matynska v. Fried, 175 N.J. 51, 52-54 (2002); Claypotch v. Heller, Inc., 360 N.J.

2023Although the fictitious pleading rule allows a party to amend its complaint after the expiration of the statute of limitations, "case law has emphasized the need for plaintiffs and their counsel to act with due diligence in attempting to identify and sue responsible parties within the statute of limitations period. " Id. at 438; see, e.g., Matynska v. Fried, 175 N.J. 51, 52-54 (2002); Claypotch v. Heller, Inc., 360 N.J. Super. 472, 479-80 (App. Div. 2003).

66
Claypotch v. Heller, Inc.green
njsuperctappdiv · 2003 · cited in 5 New Jersey opinions naming this issue, 2020–2026
2 sentences

2026Although the fictitious pleading rule allows a party to amend its complaint after the expiration of the SOL, "case law has emphasized the need for plaintiffs and their counsel to act with due diligence in attempting to identify and sue responsible parties within the [SOL] period." Id. at 438; see, e.g., Matynska v. Fried, 175 N.J. 51, 52-54 (2002); Claypotch v. Heller, Inc., 360 N.J.

2023Although the fictitious pleading rule allows a party to amend its complaint after the expiration of the statute of limitations, "case law has emphasized the need for plaintiffs and their counsel to act with due diligence in attempting to identify and sue responsible parties within the statute of limitations period. " Id. at 438; see, e.g., Matynska v. Fried, 175 N.J. 51, 52-54 (2002); Claypotch v. Heller, Inc., 360 N.J. Super. 472, 479-80 (App. Div. 2003).

45
Baez v. Paulogreen
njsuperctappdiv · 2018 · cited in 5 New Jersey opinions naming this issue, 2020–2026
2 sentences

2026See Matynska v. Fried, 175 N.J. 51, 53 (2002); see also Baez, 453 N.J.

2025Noting there were no factual disputes and that plaintiff did not include claims under the Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, against either Magnum or EWMT, the judge determined that based on the fictitious pleading rule, Rule 4:26-4, and Baez v. Paulo, 453 N.J.

35
Viviano v. CBS, INC.green
nj · 1986 · cited in 5 New Jersey opinions naming this issue, 2018–2026
2 sentences

2026In Viviano, the Court identified several factors a plaintiff must demonstrate to invoke the protection of the fictitious pleading rule after the expiration of the statute of limitations. 101 N.J. at 553 .

2020A-4212-19T2 9 One of those rules is the fictitious pleading rule, Rule 4:26-4, which provides in pertinent part: 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. [R. 4:26-4 (emphasis added).] Our Supreme Court has construed Rule 4:26-4 to allow "a plaintiff who institutes a timely action

15
Mears v. Sandoz Pharmaceuticals, Inc.green
njsuperctappdiv · 1997 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026A-2698-24 11 The Rule permits "a plaintiff who institutes a timely action against a fictitious defendant to amend the complaint after the expiration of the [SOL] to identify the true defendant," which amended pleading will "relate[ ] back to the time of filing of the original complaint, thereby permitting the plaintiff to maintain an action that, but for the fictitious-party practice, would be time- barred." Viviano, 101 N.J. at 548 . "[T]he first prerequisite to a fictitious name designation in a pleading is that the true identity of the defendant be 'unknown' to the plaintiff." Mears v. Sand

11
Dunn v. Borough of Mountainsidegreen
njsuperctappdiv · 1997 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022"The fictitious pleading rule is the correct way for a litigant to preserve a cause of action when the litigant knows the nature of the claim but does not know the tortfeasor's identity." Dunn v. Borough of Mountainside, 301 N.J. Super. 262, 275 (App. Div. 1997).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Lisa R. Worthy v. Kennedy Health System green
njsuperctappdiv · 2016
2 sentences

2018Id. at 83 , 140 A.3d 584 .

2018Id. at 83 , 140 A.3d 584 .

12018–2018
Farrell v. Votator Division of Chemetron Corp. green
nj · 1973
1 sentence

2018The employee used the fictitious pleading rule to name as John Doe defendants the "assembler, supplier or seller of the machine which caused [his] injuries." Ibid.

12018–2018
Ellison v. Evergreen Cemetery green
njsuperctappdiv · 1993
2 sentences

1997See R. 4:26-4. “[A]n order or judgment will be affirmed on appeal if it is correct, even though the judge gave the wrong reasons for it.” Ellison v. Evergreen Cemetery, 266 N.J.Super. 74, 78 , 628 A.2d 793 (App.Div.1993).

1997See R. 4:26-4. “[A]n order or judgment will be affirmed on appeal if it is correct, even though the judge gave the wrong reasons for it.” Ellison v. Evergreen Cemetery, 266 N.J.Super. 74, 78 , 628 A.2d 793 (App.Div.1993).

11997–1997

Statutes the citing opinions construe

NJ § N.J. Stat. § 2A:14-2 (8) NJ § N.J. Stat. § 47:1A-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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