Rule 25.Substitution of Parties.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 25 governs what happens when a party dies or becomes incompetent, including a 120-day deadline for substitution and a separate route for cases the death extinguishes.

Full Text of Rule 25

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

(a) (a) Death.

(1) (1) If a party dies and the case is not thereby extinguished, the court may on motion order substitution of the proper parties where appropriate. The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 of these Rules and upon persons not parties in the manner provided in Rule 4 of these Rules for the service of process. Unless the motion for substitution is made not later than 120 days 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 be dismissed as to the deceased party.

(2) (2) If a party to any action or motion relating to any action dies, and if it appears that the action is thereby extinguished, the surviving party shall suggest the death of the party and also move that the action is thereby extinguished and should be dismissed, and shall serve such suggestion and motion on all parties, including the personal representative of and the attorney of record for the deceased party, if any, and on any children of the deceased party, known to the suggesting party, in the manner provided for service in these rules. Unless objections are filed within 30 days after the last date of service of said suggestion and motion, an order dismissing the action without prejudice, to be prepared by the attorney for the surviving party, shall be entered. Where objections to the dismissal of such action are filed within said 30-day period or any extension granted by the court, the court shall hear said objections after notice to all persons who have appeared in the action and the attorney of record for the deceased party, determine whether or not the case should be dismissed, and enter an appropriate order.

(3) (3) If a petitioner in a pending adoption action dies, the court may enter an adoption decree upon motion of the surviving petitioner or the spouse of such deceased petitioner and if the court deems the adoption to be in the best interests of the child concerned.

(b) (b) Incompetency. If a party becomes incompetent, the court upon motion served on the parties as provided in Rule 5 of these Rules and upon persons not parties in the manner provided in Rule 4 of these Rules for the service of process may allow the action to be continued by or against the representative of that party.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

Where a party dies and the case survives, the court may order substitution of the proper parties on motion. The motion may come from the successors or representatives or from any party, and it is served on parties under Rule 5 and on non-parties the way a summons is served under Rule 4. The deadline is strict: unless the motion is made within 120 days after the death is suggested on the record by service of a statement of the fact of death, the action is dismissed as to the deceased party.

Where the death extinguishes the action, a different procedure applies and it is unusual. The surviving party suggests the death, moves that the action is extinguished and should be dismissed, and serves that on all parties, on the personal representative and attorney of record for the deceased, and on any known children of the deceased. If no objection is filed within 30 days of the last service, an order dismissing without prejudice is entered. If objections come in, the court hears them after notice to everyone who appeared and decides.

Adoption gets its own provision. If a petitioner in a pending adoption dies, the court may still enter an adoption decree on the motion of the surviving petitioner or the deceased petitioner spouse, where it considers the adoption to be in the best interests of the child.

Incompetency is handled in one sentence: on a motion served the same way, the court may allow the action to be continued by or against that party representative.

Frequently Asked Questions

What happens if a party dies during a Hawaii family court case?

If the case is not extinguished, the court may order substitution of the proper parties on motion. If no motion is made within 120 days after the death is suggested on the record, the action is dismissed as to that party.

How long is the deadline to substitute a party?

120 days after the death is suggested upon the record by service of a statement of the fact of the death.

What if the death ends the case?

The surviving party suggests the death and moves to dismiss, serving all parties, the personal representative, the attorney of record and any known children of the deceased. Absent objection within 30 days, an order dismissing without prejudice is entered.

Can an adoption be completed if a petitioner dies?

Yes. The court may enter an adoption decree on the motion of the surviving petitioner or the deceased petitioner spouse, if it deems the adoption in the best interests of the child.

What if a party becomes incompetent?

On motion served under Rules 5 and 4, the court may allow the action to be continued by or against the representative of that party.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 25). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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