If a defendant is dismissed from a case without prejudice, how do you add the defendant back to the case?

Question

If a defendant is dismissed from a case without prejudice, how do you add the defendant back to the case?

Answer

If there was no error in dismissing the defendant (i.e. it wasn't typed wrong), based upon new evidence you would file and serve a motion to amend the complaint to rename one of the DOE defendants as the dismissed defendant.

Answer

I disagree with Mr. Cohen. You don't use a DOE to name a defendant you properly named from the beginning. DOES are for defendants whose identity you do not know, not mistakes. Depending on the procedural posture, you are either going to file a motion for leave to file an amended complaint, or a motion to set aside the dismissal based on mistake, etc.