Legal Question in Personal Injury in Louisiana

Et Al

Can a person file a lawsuit including an ''et al'' and not inform the group within the ''et al''?


Asked on 1/22/09, 9:36 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: Et Al

No. Lawsuits (e.g., original petitions or original complaints) are not filed with the designation, "et al", which is just Latin for "and others". All parties (plaintiffs and defendants) must be named in the original petition.

The only exceptions are class actions, which are filed on behalf of "all others similary situated"; juvinile court records and other sealed records; and fictitiously named parties, like "XYZ Insurance Company" or "Jane Doe", which is used when you don't know the defendant's identity, but you know they exist.

On subsequent pleadings (filed after the initial petition), the "et al" designation is added after the name of the first named party only to show that there are other parties named in the lawsuit who are not all listed on that particular pleading.

If you received a pleading and it has the designation "et al" on the pleading, it is not the original petition. You can find out the identity of all the parties in the suit by going to the courthouse and reviewing the original petition or complaint, as well as any supplemental and amending petitions or complaints.

It is unethical to file a lawsuit on behalf of a plaintiff who has not consented to be a plaintiff in the lawsuit and no defendant can be a defendant without being named and having received service of the petition or complaint. No attorney would ever do that.

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Answered on 1/22/09, 1:15 pm


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