Rule 25.  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 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 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, must be served on the parties as provided in Rule 5 and on non­par­ties as provided in Rule 4. A 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 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 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, 2007.)