Last amended January 1, 2023 · Last verified July 1, 2026
In one sentenceRule 25 keeps a lawsuit alive through a party’s death, incapacity, transfer of interest, or a public officer’s departure from office, spelling out who may be substituted in, the deadlines and service requirements for doing so, and when the case continues among the remaining parties instead.
1Substitution 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. Any party or the decedent’s successor or representative may file a motion to substitute. If the motion is not made within 90 days after a statement noting the death is served, the court must dismiss the claims by or against the decedent.
2Statement noting death. A party or the decedent’s successor or representative may file a statement noting the death of a party. If filed by a party, the statement must identify the decedent’s successor or representative if one exists and is known by the filing party. Anyone filing a statement noting death must serve the statement on the parties as provided in Rule 5(c) and on nonparties in the same manner that a summons and pleading are served under Rule 4, 4.1, or 4.2, as applicable.
3Service of motion to substitute. Anyone filing a motion to substitute must serve the motion on the parties as provided in Rule 5(c) and on the decedent’s successor or representative—if a nonparty—in the same manner that a summons and pleading are served under Rule 4, 4.1, or 4.2, as applicable.
4Continuation among the remaining parties. After a party’s death, if the claim survives only for 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.
bIncapacitated person or adult in need of protection. If the court has reasonable grounds to believe that a party has become an incapacitated person or an adult in need of protection, and that party does not have a guardian or conservator, the court may appoint a guardian ad litem as prescribed in Rule 17.1. If a court of competent jurisdiction has appointed a conservator or guardian for a party, the action may be continued by or against the conservator or guardian on behalf of the incapacitated person or adult in need of protection.
cTransfer of interest. If a party’s interest is transferred, the action may be continued by or against that party, unless the court-on motion or on stipulation of the parties and the transferee—orders the transferee to be substituted in the action or joined with the original party. Anyone filing such a motion must serve the motion on the parties as provided in Rule 5(c) and on the transferee—if a nonparty—in the same manner that a summons and pleading are served under Rule 4, 4.1, or 4.2, as applicable.
dPublic 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. The public officer’s counsel must file a notice of the substitution, and 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.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-22-0011, effective January 1, 2023.
Plain-English Summary
Rule 25 answers what happens to a pending lawsuit when something changes about one of the parties. If a party dies and the claim survives that death, the court may substitute the proper party in, on motion by any party or by the decedent's own successor or representative. A statement noting the death starts a 90-day clock; if no one moves to substitute within that window, the court must dismiss the claims by or against the decedent. If the claim survives only for or against the remaining parties, the case does not abate at all -- it continues among the remaining parties, with the death noted on the record.
When a party becomes an incapacitated person or an adult in need of protection during the case, and has no guardian or conservator, the court may appoint a guardian ad litem under Rule 17.1 to look into the need for one; once a conservator or guardian is appointed, the action can continue by or against that conservator or guardian on the incapacitated party's behalf.
If a party transfers its interest in the subject of the lawsuit while the case is pending, the action ordinarily continues in that party's name, though the court can order the transferee substituted in or joined, either on motion or by stipulation between the original party and the transferee. And when a public officer sued in an official capacity dies, resigns, or otherwise leaves office, the case does not skip a beat: the successor is automatically substituted, counsel files a notice of the change, and any misnomer that doesn't affect the parties' real rights gets disregarded.
Frequently Asked Questions
What happens if a party to a lawsuit dies while the case is pending?
If the claim survives, the court may substitute the proper party on a timely motion filed within 90 days after a statement noting the death is served; if no timely motion is filed, the court must dismiss the claims by or against the decedent. If the claim survives only for or against the remaining parties, the case continues without abating.
Who can file a motion to substitute a deceased party?
Any party, or the decedent’s own successor or representative.
What happens when a party transfers its interest in the lawsuit to someone else?
The case ordinarily continues in the original party’s name unless the court orders the transferee substituted in or joined.
Does a lawsuit against a public official end when that official leaves office?
No, the successor is automatically substituted and the case continues.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 25). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:substitution of partiesdeath of a partysuggestion of deathtransfer of interest