Rule 25. Substitution of Parties
(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 any 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 must
(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, must be
served on the parties as provided in Rule
5 and on
nonparties as provided in Rule
statement noting death must be served in the same manner.
Service may be made in any judicial district.
(b) Incompetency. If a
party becomes incompetent, the court may, on motion, permit
the action to be continued by or against the party’s
representative. The motion must be served as provided in
(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 must 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 must be disregarded. The court
may order substitution at any time, but the absence of such
an order does not affect the substitution.
(Amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 17,
1961, eff. July 19, 1961; Jan. 21, 1963, eff. July 1,
1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1,