Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 5. PARTIES · Part 1. Designation of Parties
Montana Code Annotated

Mont. Code Ann. § 25-5-103 (2026)

Suing Party By Fictitious Name

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 5
  4. Part 1
  5. 25-5-103 Suing party by fictitious name

TITLE 25. CIVIL PROCEDURE

CHAPTER 5. PARTIES

Part 1. Designation of Parties

Suing Party By Fictitious Name

25-5-103. Suing party by fictitious name. When the plaintiff does not know the name of the defendant, the defendant may be designated in any pleading or proceeding by any name. When the defendant's true name is discovered, the pleadings or proceedings may be amended accordingly.

History: En. Sec. 68, p. 55, Bannack Stat.; re-en. Sec. 69, p. 147, L. 1867; re-en. Sec. 77, p. 42, Cod. Stat. 1871; re-en. Sec. 116, p. 67, L. 1877; re-en. Sec. 116, 1st Div. Rev. Stat. 1879; en. Sec. 1, p. 55, L. 1885; re-en. Sec. 118, 1st Div. Comp. Stat. 1887; re-en. Sec. 777, C. Civ. Proc. 1895; re-en. Sec. 6592, Rev. C. 1907; re-en. Sec. 9190, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 474; re-en. Sec. 9190, R.C.M. 1935; R.C.M. 1947, 93-3908(part); amd. Sec. 400, Ch. 56, L. 2009.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1979–2026 · leading case: Molina v. Panco Constr. Inc., 2002 MT 136 (Mont. 2002).
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Molina v. Panco Constr. Inc., 2002 MT 136 (Mont. 2002). · cites it 42× “'s Motion for Summary Judgment contending that his complaint is not barred by the three-year statute of limitations because, pursuant to § 25-5-103, MCA, a fictitiously named defendant is a party to the action from its commencement and the statute of limitations stops running as…”
Stevens v. Novartis Pharm. Corp., 2010 MT 282 (Mont. 2010). · cites it 4× “Stevens maintains that Novartis was timely served because parties who are fictitiously named pursuant to § 25-5-103, MCA, are considered part of the action from itsfl inception.”
Sooy v. Petrolane Steel Gas, Inc., 708 P.2d 1014 (Mont. 1985). · cites it 7× “Three other defendants whom the plaintiff had not positively identified were designated by fictitious names pursuant to Section 25-5-103, MCA. When the identities of these three defendants were discovered the plaintiff moved to amend the original complaint in order to substitute…”
Molina v. Panco Constr., Inc., 2004 MT 198 (Mont. 2004). · cites it 22× “Section 25-5-103, MCA. Rule 4E(2) sets forth the time limitation for amending the complaint and issuance of service.”
Goldman Sachs Grp., Inc. v. Montana Second Jud. Dist. Court, 2002 MT 83 (Mont. 2002). · cites it 4× “If the plaintiff serves defendant number two after defendant number one's substitution, defendant number two is out of luck, even though it exercised its first opportunity under the statute to substitute the judge.”
Keller v. Stembridge Gun Rentals, 719 P.2d 764 (Mont. 1986). · cites it 10× “Rather, this situation is governed by Section 25-5-103, MCA: “When a plaintiff is ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name; and when his true name is discovered, the pleadings or proceedings may be amended…”
Vincent v. Edwards, 601 P.2d 1184 (Mont. 1979). · cites it 22× “, were designated by fictitious names pursuant to section 25-5-103, MCA. Respondent Arndt was designated as “John Doe” and the two construction companies were designated as “A.”
Janow v. Conoco Pipe Line Co., 2000 MT 242 (Mont. 2000). · cites it 2× “(2) A plaintiff who names a fictitious defendant in the complaint, pursuant to § 25-5-103, MCA, may amend the complaint to substitute a real defendant for the fictitious defendant within 3 years of filing the original complaint in the action.”
Hadford v. Credit Bureau of Havre, Inc., 1998 MT 179 (Mont. 1998). · cites it 2× “In addition to named defendants, the Rule provides protection for defendants who are fictitiously named under § 25-5-103, MCA; such a defendant also is entitled to dismissal if a summons is not issued within one year of the commencement of the action.”
Reisdorff v. Cnty. of Yellowstone, 1999 MT 280 (Mont. 1999). · cites it 2× ““In addition to named defendants, [Rule 41(e)] provides protection for defendants who are fictitiously named under §25-5-103, MCA; such a defendant also is entitled to dismissal if a summons is not issued within one year of the commencement of the action.”
Est. of Athy v. Edgewood, 2026 MT 3 (Mont. 2026). · cites it 2× “2d 764, 765-66 (1986) (the “misnomer rule,” as distinct from the fictitious defendant rule, § 25-5-103, MCA, is inapplicable when the plaintiff identifies the wrong defendant from the outset because Rule 15(c) does not permit “the addition or substitution of parties who had no…”
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