Rule 25.Substitution of Parties

Rule 25(a) addresses death. If a party dies and the claim survives, the court may order the proper party substituted in; any party, or the decedent's own successor or representative, can move for that substitution. But the clock runs: if no one moves within 90 days after a statement noting the death is served, the action by or against the decedent must be dismissed. Where the surviving right belongs only to or against the parties who remain, the case does not pause at all — it continues among them, with the death noted on the record rather than treated as an obstacle. A motion to substitute is served on existing parties under Rule 5 and on any new nonparty under Rule 4, a statement noting death is served the same way, and service can be made in any judicial district.

Rule 25(b) extends similar treatment to incompetency: if a party becomes incompetent, the court may, on motion, permit the case to continue by or against that party's representative, using the same service method as a death-related motion. Rule 25(c) covers a transfer of interest during the litigation — if a party transfers away the interest at stake, the action can continue in the original party's name unless the court, on motion, orders the transferee substituted in or joined alongside the original party.

Rule 25(d) handles a distinct situation: a public officer sued in an official capacity who dies, resigns, or otherwise leaves office does not cause the case to end. The successor in office is automatically substituted without waiting for a court order; later proceedings use the new officeholder's name, and any misnomer that does not affect the parties' substantial rights is disregarded. The court can formalize the substitution with an order at any time, but the absence of that order does not undo the substitution that has already occurred by operation of the rule.