Title IV: Parties · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 25 keeps a lawsuit alive when a party dies, becomes incompetent, transfers their interest, or, if a public officer, leaves office, by setting out how the right successor is substituted in their place.
(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 party. If the motion is not made within a reasonable time, the action by or against the decedent may 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.
(e)Substitution at any stage. Substitution of parties under the provisions of this rule may be made by the trial court either before or after judgment or by the Supreme Court pending appeal.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
People and their circumstances change while a lawsuit is pending, and Rule 25 makes sure a case doesn't collapse because of it. If a party dies and the claim survives that death, the court may substitute the decedent's successor or representative on motion by any party or by that successor. But the clock matters: if no one moves for substitution within a reasonable time, the court may dismiss the action for or against the deceased party. When the surviving right belongs only to the remaining parties, the case continues among them without any need for substitution, though the death still needs to be noted on the record. All of these motions, along with a statement noting death, get served under Rule 5 on parties and Rule 4 on nonparties, and service can be made in any judicial district.
The rule covers other changes too. If a party becomes incompetent, the court may allow the case to continue by or against that party's representative. If an interest in the lawsuit gets transferred to someone else, mid-case, the action can keep going in the original party's name unless the court orders the transferee substituted or joined. And when a public officer sued in an official capacity dies, resigns, or otherwise leaves office, the case doesn't skip a beat: the successor in office is automatically substituted, no motion required. Substitution under any part of this rule can happen before or after judgment in the trial court, or while an appeal is pending before the Idaho Supreme Court.
Frequently Asked Questions
What happens if a party to a lawsuit dies?
If the claim survives, the court may substitute the decedent's successor or representative on motion. Waiting too long to move for substitution can lead to dismissal of the action by or against the deceased party.
Who can ask the court to substitute a party after a death?
Any party to the case, or the decedent's successor or representative, can bring the motion.
What if a party becomes legally incompetent during the case?
The court may, on motion, let the case continue by or against that party's representative.
Does a lawsuit have to stop if the disputed property or interest is sold to someone else?
No. The case can continue in the original party's name unless the court orders the new owner substituted in or joined as a party.
What happens when a public officer sued in their official role leaves that office?
The officer's successor is automatically substituted as the party. The case doesn't abate, and no motion is needed for this particular substitution.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as:substitution of parties idahoparty dies during lawsuitincompetent party ruletransfer of interest during litigationpublic officer successor lawsuit