Rule 25.Substitution of Parties

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 25 governs substituting a party when one dies, becomes incompetent, transfers an interest, or — for a public officer — leaves office, and sets a 90-day deadline to move for substitution after a death is noted on the record.

Full Text of Rule 25

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

(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.

End

Amendment History

(Amended December 29, 1948, effective October 20, 1949; April 17, 1961, effective July 19, 1961; January 21, 1963, effective July 1, 1963; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 25 keeps a case alive when a party’s status changes. If a party dies and the claim survives, the court may order substitution of the proper successor or representative. A motion to substitute must be made within 90 days after the death is formally noted on the record; if no one moves in time, the claims by or against the deceased party are dismissed.

The rule handles three other situations as well: if a party becomes incompetent, the court may allow the action to continue through a representative; if a party transfers its interest, the case may continue with the original party or the transferee may be substituted; and when a public officer who is a party in an official capacity leaves office, the successor is automatically substituted.

Frequently Asked Questions

What happens when a party dies during a lawsuit?

If the claim survives the death, the court may substitute the proper party. A motion for substitution must be filed within 90 days after the death is noted on the record (Rule 25(a)).

What happens to a case when a public official who is sued leaves office?

The official’s successor is automatically substituted, and the action continues against the new officeholder (Rule 25(d)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 25), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 25Fed. R. Civ. P. 25substitution of partiesdeath of a party90 days to substitute