In one sentenceRule 25 sets out how a lawsuit continues when a party dies, becomes incompetent, transfers away the interest at stake, or, if a public officer, leaves office, by allowing the court to substitute the proper successor in that party's place.
(1)If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons, and may be served in any county. Unless the motion for substitution is made not later than six months after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall in the absence of a showing of excusable neglect be dismissed as to the deceased party.
(2)In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
(3)In any such pending action the failure of any party to comply with § 432-350, Code of Alabama 1975 (statute of nonclaims), shall not be a bar to a claim against the estate to the extent that the estate is entitled to assert any right under any contract providing for the payment of the judgment in said action.
(b)Incompetency. If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against the party’s representative.
(c)Transfer of interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule.
(d)Public officers; death or separation from office.
(1)When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer’s successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(2)A public officer who sues or is sued in an official capacity may be described as a party by the officer’s official title rather than by name; but the court may require the officer’s name to be added.
(dc)District court rule. Rule 25 applies in the district courts.
Amendment History
[Amended eff. 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
Rule 25 provides mechanics for substitution in the event of death, incompetency, transfer of interest and death or separation from office of public officers.
Note that Rule 25(a)(1) provides that an action shall be dismissed as to a deceased party unless a motion for substitution is made not later than six months after the death is suggested upon the record.
In order to minimize the possible harsh result that might obtain in the event, § 43-2-350 Code of Ala., (Statute of non-claims) has not been complied with, these rules provide at Rule 25(a)(3) that the claim against the estate shall not then be barred in the event that the estate is entitled to assert any right under any contract providing for the payment of the judgment in said action.
Committee Comments to October 1, 1995, Amendment to Rule 25
Except for a revision to Rule 25(a)(1) dealing with the timeliness of a motion for substitution, the amendments are technical. The revision to Rule 25(a)(1) is required by Hayes v. Brookwood Hospital, 572 So.2d 1251 (Ala.1990), which allowed a motion for substitution to be made more than six months after death had been suggested on the record in a setting where excusable neglect could be shown.
Plain-English Summary
A lawsuit can outlast the circumstances of the people who filed it. A plaintiff or defendant might die partway through the case, lose the capacity to manage their own affairs, sell or give away the property or right the suit is about, or, if suing or being sued as a public officer, leave that office. Rule 25 answers the practical question that follows: who stands in for that party so the case can keep moving? It does not decide whether the underlying claim survives that change — that depends on other law — but once a claim does survive, Rule 25 supplies the mechanism for swapping in the right person or entity.
Death is the scenario people run into most. If a party dies and the claim survives the death, any party, or the deceased party's representative or successor, can file a motion asking the court to substitute the proper party, typically the executor or administrator of the estate. That motion has to be served on the other parties and on anyone who is not yet a party but needs to be brought in, similar to how a lawsuit itself gets served. The timing matters a great deal: once the death is formally suggested on the record, meaning someone files and serves a statement announcing the death, a six-month clock starts running. If nobody moves to substitute within that window, the court will dismiss the case as to the deceased party unless the delay resulted from excusable neglect. When one of several co-plaintiffs or co-defendants dies and the claim survives for or against the others, no substitution is even needed; the case continues in the names of the surviving parties.
The same basic mechanics apply to the rule's other scenarios. If a party becomes incompetent, the court can allow the case to continue with that party's representative standing in. If a party transfers the interest at stake in the lawsuit to someone else, the case can keep going in the name of the original party, or the court can order the new interest-holder substituted in or added, again on motion and service consistent with the death provision. Public officers get their own, more automatic rule: when a government official sued or suing in an official capacity leaves office for any reason, that person's successor steps in without needing a court order, and the case proceeds under the new officeholder's name.
Frequently Asked Questions
What happens to a lawsuit if a party dies before it is over?
If the underlying claim survives the party's death, which depends on the type of claim and other law outside Rule 25, the court can substitute the deceased party's estate representative so the case continues. Whoever discovers the death should file and serve a formal statement suggesting the death on the record, since that filing starts the clock for seeking substitution.
How long do I have to file a motion to substitute after a party dies?
Once a statement suggesting the death is filed and served on the record, a motion to substitute must generally be filed within six months. If no one moves within that period, the court will dismiss the action as to the deceased party unless the person seeking substitution can show excusable neglect for the delay.
Who can file the motion to substitute a deceased party?
Any party to the case can file it, or the successors or representatives of the deceased party can file it themselves. It must be served on the other parties, and on anyone not yet a party who needs to be brought in, in a manner similar to serving a summons.
Does the whole case get dismissed if one of several co-defendants or co-plaintiffs dies?
Not if the claim survives for or against the remaining parties. In that situation, the case proceeds in favor of or against the surviving parties once the death is noted on the record, and no substitution motion is required.
What happens if a government official being sued in their official capacity leaves office during the case?
The case does not end. The official's successor in office is automatically substituted as the party, and the case continues under the new officeholder's name, without needing a court order, though the court can enter one to make the record clear.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 25). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:substitution of partieswhat happens if a party dies during a lawsuitsuggestion of death Alabamasubstituting a deceased partytransfer of interest during litigationAla. R. Civ. P. 25