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25-5-101. Names of parties

25-5-101. Names of parties. In a civil action, the party complaining is known as the plaintiff and the adverse party as the defendant. The party prosecuting a special proceeding may be known as the plaintiff and the adverse party as the defendant. History: Ap. p. Sec. 2, p. 43, Bannack Stat.; re-en. Sec. 2, p. 136, L. […]

25-5-102. Use of abbreviated names

25-5-102. Use of abbreviated names. It is sufficient in all actions, papers, pleadings, or proceedings to designate any party or person by the initial letter or letters or some contraction of the first name or names, instead of stating the first name in full. History: En. Sec. 68, p. 55, Bannack Stat.; re-en. Sec. 69, p. 147, […]

25-5-103. Suing party by fictitious name

25-5-103. Suing party by fictitious name. When the plaintiff does not know the name of the defendant, the defendant may be designated in any pleading or proceeding by any name. When the defendant’s true name is discovered, the pleadings or proceedings may be amended accordingly. History: En. Sec. 68, p. 55, Bannack Stat.; re-en. Sec. 69, p. […]

25-5-104. Action against business association

25-5-104. Action against business association. When two or more persons associated in any business transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the […]