Rule 25 - [Effective 1/1/2025] Substitution of parties(a) Death.(1)Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by anv party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent shall be dismissed.(2)Continuation among the remaining parties. After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.(3)Service. A motion to substitute, together with a notice of hearing, shall be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4, A statement noting death shall be served in the same manner. Service may be made in anv judicial ciivuit.(b) Incompetency or incarceration. If a party becomes incompetent or becomes incarcerated, the court may, on motion, permit the action to be continued by or against the party's representative. The motion shall be served as provided in Rule 25(a)(3).(c)Transfer of interest. If an interest is transferred, the action may be continued by or against the original party, unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion shall be served as provided in Rule 25(a)(3).(d) Public officers; death or separation from office.An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights shall be disregarded. The court may order substitution at anv time, but the absence of such an order does not affect the substitution.
Amended effective 1/1/2025.