Rule 25.Substitution of Parties

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 25 tells a lawsuit what happens when a party dies, becomes incompetent, or transfers away the interest at stake, spelling out how and when someone else can be substituted in so the case can keep moving instead of collapsing.

Full Text of Rule 25

Text sizeJump to: (a) (b) (c) (d)

(a) Death.

(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 process, and may be served in any county. Suggestion of death upon the record is made by service of a statement of the fact of death as provided herein for the service of the motion and by filing of proof thereof. If the motion for substitution is not made within 91 days (13 weeks) after such service, the action shall 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.

(b) Incompetency. If a party becomes incompetent, the court upon motion served as provided in section (a) of this Rule may allow the action to be continued by or against his 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 subsection (a)(1) of this Rule.

(d) Public Officers; Death or Separation from Office.

(1) When a public officer is a party to an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his 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 right 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) When a public officer sues or is sued in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added.

End

Amendment History

Amended effective January 1, 2012.

Plain-English Summary

When a party to a pending case dies and the claim survives that death, Rule 25 lets the court substitute the proper person — an heir, an estate representative, or a successor — in that party's place. Either side can file the motion, and it must be served the way any motion is served under Rule 5 plus, for non-parties, the way a summons is served under Rule 4. Once a suggestion of death is filed on the record, the clock starts: a motion for substitution must follow within 91 days, or the case is dismissed as to the deceased party. If the underlying right survives only to the remaining plaintiffs or against the remaining defendants, none of this matters — the case continues in their names without interruption.

The rule also covers two other changes in a party's status. If a party becomes incompetent, the court can let a representative carry on the case in that party's place. If a party transfers away the interest at stake mid-case — selling a claim or assigning a contract right — the case can keep going in the original party's name unless the court orders the new interest-holder substituted in or added.

Public officers get their own treatment. When an officer sued in an official capacity dies, resigns, or leaves office, the successor steps in automatically — no motion or order is required, though the caption should be corrected. An officer can also be named in filings by title rather than by name.

Frequently Asked Questions

What happens if a party dies during a Colorado lawsuit?

If the claim survives the death, the court may substitute the proper party — such as an estate representative — and a motion for substitution must be filed within 91 days after the death is suggested on the record, or the action is dismissed as to that party.

Do I have to file a new lawsuit if the defendant dies?

No — Rule 25 lets you substitute the deceased defendant's representative into the existing case rather than starting over, as long as the underlying claim survives the death.

What happens if a sued public official leaves office?

The successor is automatically substituted as a party without a court order, and the case continues under the new officer's name.

Can a case continue after a party sells their interest in the claim?

Yes — the case can proceed in the original party's name unless the court orders the person who received the interest to be substituted in or joined.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 25). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

Also known as: substituting a party after deathplaintiff died during lawsuitsuggestion of death coloradosubstitution of parties ruleincompetent party substitutiontransfer of interest during lawsuitpublic officer substitution rule