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NC General Statutes

N.C. Gen. Stat. § 1-166 (2026)

Defendant sued in fictitious name; amendment

✓ current as of July 2026
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When the plaintiff is ignorant of the name of a defendant the latter may be designated in a pleading or proceeding by any name;  and when his true name is discovered, the pleading or proceeding may be amended accordingly. (C.C.P., s. 134; Code, s. 275; Rev., s. 510; C.S., s. 550.)

 

§§ 1-167 through 1-169.  Repealed by Session Laws 1967, c. 954, s. 4.

 

SUBCHAPTER VII. PRETRIAL HEARINGS; TRIAL AND ITS INCIDENTS.

Article 18A.

Pretrial Hearings.

§§ 1-169.1 through 1-169.6.  Repealed by Session Laws 1967, c. 954, s. 4.

 

Article 19.

Trial.

§§ 1-170 through 1-173.  Repealed by Session Laws 1967, c. 954, s. 4.

 

§ 1-174:  Repealed by Session Laws 1999-216, s.2.

 

§§ 1-175 through 1-179.  Repealed by Session Laws 1967, c. 954, s. 4.

 

Notes of Decisions
Cited in 6 cases, 1969–2015 · leading case: Denny v. Hinton, 110 F.R.D. 434 (M.D.N.C. 1986).
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Denny v. Hinton, 110 F.R.D. 434 (M.D.N.C. 1986). · cites it 54× “” 1 The Magistrate found that the limitations period had run as to the newly identified defendants and had not been tolled under N.C.G.S. § 1-166 by the filing of the “John Doe” complaint.”
Huggard v. Wake Cnty. Hosp. Sys., Inc., 403 S.E.2d 568 (N.C. Ct. App. 1991). · cites it 18× “This case requires that we consider G.S. § 1-166 (1983), the statute which allows a defendant to be sued in a fictitious name.”
Fintchre v. Duke Univ., 773 S.E.2d 318 (N.C. Ct. App. 2015). · cites it 2× “The trial court concluded that despite defendants informing plaintiff of defendant Jane Doe's true identity, plaintiff failed to name the correct defendant in both of her suits prior to the lapse of the statute of limitations, in violation of N.C. Gen.Stat. § 1-166, and failed…”
Wall Funeral Home, Inc. v. Stafford, 165 S.E.2d 532 (N.C. Ct. App. 1969). · cites it 4× “” Appellant relies on G.S. 1-166, which provides that when the plaintiff is ignorant of the name of a defendant, he may designate such defendant by any name and later amend his pleadings to insert the true name when it is discovered.”
Huggard v. Wake Cnty. Hosp. Sys., Inc., 403 S.E.2d 568 (N.C. Ct. App. 1991). · cites it 18× “The sequence of events which form the basis for this appeal are as follows.”
Sparks v. Nationwide Mut. Ins., 392 S.E.2d 415 (N.C. Ct. App. 1990). · cites it 2× “” North Carolina General Statute § 1-166 provides: When the plaintiff is ignorant of the name of a defendant the latter may be designated in a pleading or proceeding by any name.”
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