How to Appear in a Lawsuit as a John Doe

[cmre3456]

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.

I was responding to this, and it doesn't make sense to me:

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.

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.

Correct. However, being what appears to be a small local court, it should still have an affect on the clerk. If the clerk properly refused to file it, I'd still have the letter that I had handed her. The OP gave the impression (to me) that he is afraid that the clerk will personally "gossip." I would indeed personally tell the clerk to maintain confidence.

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

Wouldn't the content of the court file still lack the true name of John Doe? I wasn't thinking I'd need to seal it. I was responding to concerns about the clerk gossiping.

I'm not at all trying to be argumentative. There are just parts, such as the judge writing a letter to the ISP (??) which doesn't seem to be in the file, and concerns about small town gossip which I was trying to clarify.

[flyingron]

There is no such thing as a small local court in Fairfax County. The Commonwealth of Virginia operates the courts in that jurisdiction in an area that is bigger than most states.

The issue is that he has run into the very big issue with these subpoena's. The civil procedure system is stacked AGAINST anonymity. His best bet is to get the ISP to actually provide all the salient objection without disclosing the actual identity. As he's found it's hard to make a motion without disclosing identity otherwise.

Further, since he's been poking around at the legal process with a stick, the issue is MOOT. After 30 days of messing around, his ISP has most likely answered the subpoena (his post was on 5/8, it's now way over that time).

[ManOfManyQuestions]

Quick update. The plaintiff scheduled a hearing on all motions, his motion to compel compliance as well as our motions to quash and protective order. Of course we could not attend the hearing due to the John Doe status and with no money we had no lawyer.

The judge ruled that all motions were denied due to us not being present for the hearing...

We then filed an immediate appeal which has prevented the plaintiff from obtaining the identifying information from the ISP.

We have nothing from the court. We have never even seen the initial complaint.

What we have is the subpoena papers and attached order. Then we have copies of the motion to compel, a brief, a hearing notice, a letter from opposing counsel to the presiding judge, and then the order stating that we motions were denied. These were provided by opposing counsel via email.

The judge for sure wrote a letter back to us and sent it to the ISP, its on the circuit court website's list of pleadings/orders. But we never received it...

So now we have 55 days well short of that now to file a transcript which I understand that is only available if a reporter was there being paid for by somebody??? Or a written statement of facts...

We are so lost and confused yet know that in the event the plaintiff gets the name he will publish it on multiple forums and then hope an unrelated but very interested party does physical damage to the John Doe defendant.

This isn't about money...the defendant has none and would just file bankrupt 5 minutes after losing...this is about inflicting damage and silencing a person who has seen to much and knows to much...

For the record we also filed an objection pursuant to VA code 8.01-407.1(a)(5)-(a)(7) yet that objection was never ruled or ordered on. We then filed an objection to the motion to compel compliance and that was also never ruled on...

Still looking for help...

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There is no such thing as a small local court in Fairfax County. The Commonwealth of Virginia operates the courts in that jurisdiction in an area that is bigger than most states.

The issue is that he has run into the very big issue with these subpoena's. The civil procedure system is stacked AGAINST anonymity. His best bet is to get the ISP to actually provide all the salient objection without disclosing the actual identity. As he's found it's hard to make a motion without disclosing identity otherwise.

Further, since he's been poking around at the legal process with a stick, the issue is MOOT. After 30 days of messing around, his ISP has most likely answered the subpoena (his post was on 5/8, it's now way over that time).

Who said fairfax county???

[flyingron]

As pointed out, without APPEARING or having a lawyer APPEAR, you're pretty much screwed. You can expect more of the same if you keep on. The ISP will disclose, and you'll be named for real.

[cmre3456]

You immediately appealed. Yes that will buy some time, but:

What were your arguments on behalf of your appeal? On what legal basis do you believe you can prevail on appeal?

[ManOfManyQuestions]

You immediately appealed. Yes that will buy some time, but:

What were your arguments on behalf of your appeal? On what legal basis do you believe you can prevail on appeal?

We were denied motions because we failed to appear. We not no attorney, its not even practical, we are 100% broke.

Does being broke and 1000 miles from the court make us automatically lose?

We contacted the clerk and wrote to the judge...explaining the situation...something is amiss here...

Lawyers don't work for free.

The whole thing is a sham.

As of now we just filed notice of appeal. Working out the actual petition is another story.

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As pointed out, without APPEARING or having a lawyer APPEAR, you're pretty much screwed. You can expect more of the same if you keep on. The ISP will disclose, and you'll be named for real.

How could we appear and remain anonymous? Even if the judge said he would keep our name as John Doe through the hearing, the plaintiff would have taken 5000 pictures and figured out who we were...the circle of people relating to the message board in question is very small...

John Doe, Pro Se does not mean YOU LOSE BY DEFAULT.

[cmre3456]

We were denied motions because we failed to appear. We not no attorney, its not even practical, we are 100% broke.

Does being broke and 1000 miles from the court make us automatically lose?

It might.

We contacted the clerk and wrote to the judge...explaining the situation...something is amiss here...

Lawyers don't work for free.

The whole thing is a sham.

As of now we just filed notice of appeal. Working out the actual petition is another story.

You need an attorney.

How could we appear and remain anonymous? Even if the judge said he would keep our name as John Doe through the hearing, the plaintiff would have taken 5000 pictures and figured out who we were...the circle of people relating to the message board in question is very small...

By having an attorney appear on your behalf.

John Doe, Pro Se does not mean YOU LOSE BY DEFAULT.

It might this time.

[flyingron]

Which brings us back to what I said earlier. You will NOT get anywhere on your motion without SOMEONE appearing. Virginia courts are not mail order affairs.

[ManOfManyQuestions]

Which brings us back to what I said earlier. You will NOT get anywhere on your motion without SOMEONE appearing. Virginia courts are not mail order affairs.

Can you represent us?

[Conrad Hunter]

Okay, this is too confusing not to ask?

How did you file an appeal? Do you even know what an interlocutory appeal is? Do you understand when you can file one? Do you understand what the standard of review is? How did you pay the filing fee which is many hundreds of dollars? You could not have possibly gotten leave to proceed in forma pauperis as a John Doe. That very idea is hilarious. How are you going to pay the clerk to prepare the record? How are you going to pay for the transcript?

Do you mean you filed a Motion for Rehearing or Motion for Reconsideration with the circuit court?

Why didn't you appear by telephone? (OKAY, I have been told in Virginia only lawyers can do that. Bummer. Have never seen a rule on it where I am.)

Actually, you can appear by mail. You can submit the oral argument by mail. It is usually only done in cases of incarcerated persons. The prison doesn't transport them for a civil hearing, except perhaps for a subpeona or bench warrant, but probably not even then. Of course, they aren't John Does. No idea really if that will work in your state, but nobody has any better ideas.