How to Appear in a Lawsuit as a John Doe

[ManOfManyQuestions]

My question involves court procedures for the state of: VIRGINIA

WE ARE PRO SE AND AT THIS POINT A JOHN DOE DEFENDANT.

WE HAVE FILED A FEW MOTIONS AND THE PLAINTIFF HAS AS WELL.

THE PLAINTIFF SCHEDULED A HEARING ON HIS MOTION. WE CANNOT ATTEND OURSELVES AND CANNOT AFFORD AN ATTORNEY. WE ARE HUNDREDS OF MILES AWAY.

OUR MOTIONS HAVE NEVER BEEN RULED ON AND NO HEARING EVER SET BECAUSE WE WERE TOLD IF WE NOTICED THE HEARING AND DID NOT ATTEND WE WOULD LOSE BY DEFAULT.

PLEASE ADVISE ON THE PROPER PROCEDURE FOR THIS SET OF CIRCUMSTANCES.

THE MOTIONS IN QUESTION, FILED BY THE PLAINTIFF, ARE A MOTION TO COMPEL COMPLIANCE WITH A SUBPOENA DUCES TECUM FOR AN ANONYMOUS INTERNET POSTER.

THE MOTIONS FILED BY THE DEFENSE (JOHN DOE) ARE TO QUASH, PROTECTIVE ORDER, AND A WRITTEN OBJECTION TO THE SUBPOENA DUCES TECUM.

THE OBJECTIVE OF THE PLAINTIFF IS TO EXPOSE THE NAME ONLY OF THE JOHN DOE TO OTHER INTERNET POSTERS TO INCITE FEAR. BODILY HARM HAS ALSO BEEN MENTIONED.

MONEY IS NOT THE OBJECTIVE OF THE PLAINTIFF...HE IS RICH.

[cmre3456]

I tried to do some research for you but it's obvious that the rules vary widely from county to county in Virginia, especially in Fairfax County.

I would call the clerk of the court and ask about making a telephonic appearance. I understood you to say that all motions are already filed and what's left are the arguments. I would far rather appear in person normally, but given your statements, this might be your best option if allowed.

You would do a lot better if you had a local attorney to advise you and to appear.

[ManOfManyQuestions]

Well the plaintiff noticed the hearing. The judge denied all our motions because we failed to attend the hearing.

John Doe, Pro Se...Is this fair?

[Dogmatique]

Fair isn't really the point.

Legality is the issue - and yeap, that's legal.

[flyingron]

Court cases aren't some sort of absentee process. Someone has to actually appear. It's neither fair to the opposing party nor is it even possible for the judge to operate the court if a party doesn't show up or at least be represented.

[Conrad Hunter]

Appearing by telephone is your best option.

However, appearing as a John Doe, as a practical matter is next to impossible to do for long without having an attorney.

You don't say exactly that the plaintiff is in another state, but it is hundreds of miles. You should have immediately attacked the jurisidiction of that court. Here in Florida, being in another county, makes one unavailable for discovery or depositions. A court here will not make anyone in another county appear for anything. In federal court, more than 100 miles is considered unavailable.

[Dogmatique]

Appearing by telephone is your best option.

However, appearing as a John Doe, as a practical matter is next to impossible to do for long without having an attorney.

You don't say exactly that the plaintiff is in another state, but it is hundreds of miles. You should have immediately attacked the jurisidiction of that court. Here in Florida, being in another county, makes one unavailable for discovery or depositions. A court here will not make anyone in another county appear for anything. In federal court, more than 100 miles is considered unavailable.

I can absolutely guarantee you that what you've said here is not accurate for Florida.

Florida also is not, as far as I know, Virginia.

[ManOfManyQuestions]

We certainly did attack jurisdiction which was the basis of Motion to Quash and Protective Order. The judge denied those motions because no one appeared at the hearing. No lawyer, no money...but still an identity to protect.

We also wrote a letter to the judge as did the plaintiff both parties asking how to properly have a motion hearing since we were John Doe and Pro Se. The judge never notified us of a response and if he told the plaintiff how to proceed we were never provided any information.

Supposedly the judge sent a letter to the ISP in response but they do not have a copy and the clerk will not send us a copy without our name and payment for copies.

We don't trust the clerk to hold our name confidentially as this is a small court in a small town, everyone knows everyone.

[cmre3456]

We certainly did attack jurisdiction which was the basis of Motion to Quash and Protective Order. The judge denied those motions because no one appeared at the hearing. No lawyer, no money...but still an identity to protect.

Yes, you need a lawyer to appear for you, calling you John Doe.

We also wrote a letter to the judge as did the plaintiff both parties asking how to properly have a motion hearing since we were John Doe and Pro Se. The judge never notified us of a response and if he told the plaintiff how to proceed we were never provided any information.

The judge can't give you legal advice. That would be seen as favoring one party. That was a question to ask your lawyer.

Supposedly the judge sent a letter to the ISP in response but they do not have a copy and the clerk will not send us a copy without our name and payment for copies.

Where did you get that information? That doesn't make any sense to me and would be highly unusual if not inappropriate. Do you have any idea what that "letter" might have contained?

Could it be that the judge signed a subpoena for the ISP's records - a document which was prepared by the other side?

Have you read the entire court file to see what's there?

We don't trust the clerk to hold our name confidentially as this is a small court in a small town, everyone knows everyone.

Well, that clerk had best keep it confidential if you're trying to. I'd look that clerk in the eye and flat out tell her to keep it confidential, while I handed her a letter saying the same thing, signed by John Doe. I'd put the case # on the letter and ask to have it filed. That may sound like overkill to some, but it would remove any opportunity for the clerk to claim honest mistake.

[Mr. Knowitall]

Where did you get that information? That doesn't make any sense to me and would be highly unusual if not inappropriate. Do you have any idea what that "letter" might have contained?

I expect that the ISP could not send the letter to "John Doe" as it has no address for service. If you obtain copies of records from the clerk, they charge for the copies and, obviously, they are also unable to mail somebody a document unless they have an address.

Well, that clerk had best keep it confidential if you're trying to. I'd look that clerk in the eye and flat out tell her to keep it confidential, while I handed her a letter saying the same thing, signed by John Doe. I'd put the case # on the letter and ask to have it filed. That may sound like overkill to some, but it would remove any opportunity for the clerk to claim honest mistake.

The court file is a public record. Cover letters are not ordinarily made part of the court file. A letter to the clerk saying, "Don't let people know who I am" is not a proper pleading.

If you want the content of a court file kept secret, you need to bring (and prevail in) a motion to seal the record.