Obsolete lawyer. Credit: Knut/ Adobe Stock Plaintiff's Lawyers: Beware of Fictitious Defendants
"The issue, therefore, was the interrelationship between R. 4:26-4 (amendments to state the true names of fictitious defendants) and R. 4:9-3 (when such amendments relate back to the date of the initial pleadings)," writes Court Watch columnist Louis F. Locascio.
February 06, 2024 at 10:00 AM
7 minute read
On Nov. 16, 2023, the New Jersey Superior Court held that a complaint will not relate back where plaintiff failed to perform diligent inquiry prior to naming a fictitious defendant. Baez Zucco v. Walgreen, No. A-1709-21, N. J. Super. (App. Div. 2023).
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