Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 25 tells the court how to substitute a proper party in place of one who has died, become incompetent, transferred an interest, or left public office.
(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 a summons, and may be served in any judicial district. 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)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 subdivision (a) of this rule may allow the action to be continued by or against the party's 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 subdivision (a) of this rule.
(d)Public officers; death or separation from office.
(1)When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's 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 rights 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 an official capacity, the officer may be described as a party by official title rather than by name; but the court may require the officer's name to be added.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended July 26, 1990, effective September 1, 1990
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
When a party dies and the claim survives, the court may substitute the proper party on motion by any party or by the deceased party's successors or representatives, served like any other motion under Rule 5 and, on non-parties, in the manner Rule 4 requires for serving a summons. Once the death is suggested on the record, the motion for substitution must follow within 120 days or the action is dismissed as to the deceased party. If the right at stake survives only to or against the remaining plaintiffs or defendants, the case doesn't abate at all; the death is noted on the record and the action proceeds among the surviving parties. Similar rules apply to a party who becomes incompetent, letting the court allow the case to continue through that party's representative.
When an interest in the case is transferred to someone else during the litigation, the action can continue in the original party's name unless the court, on motion, orders the transferee substituted or joined. Public officers get their own rule: when an officer sued or suing in an official capacity dies, resigns, or otherwise leaves office, the successor is automatically substituted with no need for a court order, and any misnomer that doesn't affect the parties' substantial rights is disregarded. A sitting public officer may also be named and described by title rather than by name, though the court may require the officer's actual name to be added.
Frequently Asked Questions
What happens if a party dies while a lawsuit is pending?
If the claim survives the death, the court may substitute the proper party on motion, but the motion must be made within 120 days after the death is suggested on the record or the action is dismissed as to the deceased party.
Does a case end automatically if a party dies?
No. If the right being enforced survives only to or against the remaining parties, the action doesn't abate at all; the death is noted on the record and the case proceeds.
What if a government official named in a lawsuit leaves office during the case?
Under Rule 25(d), the officer's successor is automatically substituted as a party without a court order, and the case continues in the name of the substituted official.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 25). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:substitution of partiesparty dies during lawsuitdeath of a party in litigation