What Happens if a Survivor Wants to Stay Anonymous in a Lawsuit

Survivors make the courageous decision to come forward when abused, assaulted, or otherwise harmed. They often do so knowing that putting their name out there may be dangerous or cause emotional distress.

The federal and California court systems have protections that may apply for survivors in sensitive cases. This includes the option to file a lawsuit anonymously if granted. However, there are steps to take to get this option granted by the courts. Keep reading to learn more.

Or, if you are ready to speak to a trauma-informed attorney, the team at Taylor & Ring is available. Contact us today to request a consultation to understand your legal options.

The process

Maintaining anonymity may require:

Get court permission

A motion must be filed to obtain anonymity in the lawsuit. Confidentiality is often granted in highly sensitive cases where the survivor’s identity should be protected after the following is evaluated:

• Severity of harm
• Reasonableness of fear
• Plaintiff’s vulnerability
• Defendant’s prejudice

A judge will then weigh the survivor’s privacy rights against the public’s interest.

Use a pseudonym

Once a judge evaluates the risk and grants anonymity, a lawsuit is processed with a pseudonym. This is generally Jane Doe, John Doe, or another alias.

Who will know my name if granted anonymity?

When anonymity is granted, some people will still know the person’s name. This includes judges, involved attorneys, and the accused. Protective orders may serve to limit how they share the information. There are exceptions, such as insurers, experts, and legal support personnel.

What are the limitations of anonymity?

There are occasions where anonymity is denied. Sometimes sealed records or closed courtrooms are also denied. Survivors do have the right to seek withdrawal of lawsuits when these actions are denied. This is dependent on the stage of the case and court approval.

However, a trauma-informed attorney can help clients to fight for these protections and their rights.

What types of cases are generally permitted to maintain anonymity?

Generally, highly sensitive or high-profile cases may allow anonymity. Some examples include:

• Personal injury claims where a minor is involved
• Sexual abuse claims
• Sexual assault claims
• A whistleblower lawsuit
• Other lawsuits involving a minor
• Lawsuits with a threat of retaliation or harm
• Lawsuits involving sensitive personal health information

It should be noted that not all cases that fall under these types are granted anonymity. Each case is unique, and the decision is up to the court system. It’s encouraged that anyone wanting to file an anonymous lawsuit speak to a knowledgeable attorney. They can educate them on their legal options and provide insight into the process.

Other protections that may be in place for sensitive cases:

A survivor’s safety is important. Especially in cases where it may become an issue. Sometimes, attorneys may request additional protections for clients, such as:

Protective orders

Sometimes, protections may be put in place during the discovery phase. These could limit the use, sharing, or storage of information collected during discovery. These protective orders are to limit the defense team from sharing information with anyone outside of the legal team.

Privacy of records

Many states have protections in place for patient-psychotherapist confidentiality. However, in some cases, the defendant’s attorney may argue that therapy records are relevant to the defense or claims. There are exceptions and limitations to the privacy of therapy records. A knowledgeable attorney recognizes this tactic and can fight to maintain patient-psychotherapist privilege in these situations.

Confidential depositions

Oftentimes, survivors are required to give sworn evidence through depositions. To protect a survivor’s anonymity, these may be completed remotely with the survivor off camera if granted by the court. A sexual abuse attorney helps clients during depositions by monitoring and objecting to impermissible or improper questions.

Anonymous lawsuit FAQs:

Many people have similar questions about anonymous lawsuits. We’ve answered some of them below:

What is a Jane Doe/John Doe lawsuit?

This is another term for an anonymous lawsuit. Sometimes people call these cases a Jane Doe lawsuit or a John Doe lawsuit.

Will the media report my name?

When a court allows a survivor to proceed under a pseudonym, the survivor’s name generally remains out of public filings. However, pseudonym use does not guarantee complete anonymity if identifying information becomes available from other sources. In some cases, survivors voluntarily waive the anonymity right with the media. Lawsuits with the names of all involved may be legally reported by the media.

Can my therapy records be subpoenaed?

It depends. Therapy and medical records are often subpoenaed in legal cases. However, patients have privacy rights when it comes to these documents. The state of California has additional legal protections in place. Experienced attorneys fight to implement these protections in cases where these records are requested.

Will my case be public record?

When the use of a pseudonym is granted, Jane Doe or John Doe is typically used in all public filings. In some cases, it can be requested that court records be sealed. This means they are stored confidentially and only available to certain people, such as judges or attorneys.

Will the courtroom have public access if it goes to trial?

It depends. A closed courtroom can be requested. The decision typically depends on the case specifics and the protections in place for it.

This is where attorneys are helpful to clients. They fight for their clients’ rights and privacy in sensitive cases, but it has to be granted by the courts. If you are concerned about having public access for a trial, we recommend you speak to an attorney to understand your options.

How can an attorney help?

A knowledgeable attorney helps clients with anonymous lawsuits by:

• Prioritizing their clients’ information and identities
• Evaluating whether anonymity is appropriate and requesting it within the court system
• Anticipating challenges and navigating them
• Investigating cases to gather evidence and witnesses
• Filing claims within legal timelines
• Advocating and protecting their clients’ rights
• Representing their clients in court and with legal professionals

If you want to file an anonymous lawsuit, we encourage you to reach out to an attorney. They can determine if they can help you with your case.

Contact Taylor & Ring for a consultation today

Filing an anonymous lawsuit requires several steps pre-filing and during the legal process. At Taylor & Ring, we understand how to navigate an anonymous lawsuit. We fight to protect our clients’ rights, identities, and safety. If you are ready to file an anonymous lawsuit and don’t want to go through the process alone, contact us to see if we can help. Request your consultation today.