When an officer of the state, a county, city, or other governmental agency is a party to an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successor. Substitution may be made upon written motion of the successor or any party.
Rule 25.04.Public officers -- Death or separation from office.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 25.04 lets a Kentucky lawsuit against a state, county, city, or other government officer continue against that officer's successor when the officer dies, resigns, or otherwise leaves office during the case, on written motion of the successor or any party.
Full Text of Rule 25.04
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 25.04 covers lawsuits naming a public officer as a party -- someone holding office with the state, a county, a city, or another government agency. If that officer dies, resigns, or otherwise stops holding the office while the case is pending, the lawsuit does not have to be dismissed or refiled. It can continue against the person who succeeds the officer in that role.
Making the switch takes a written motion, which either the successor or any other party to the case can file. Because the case is about the office and the government function it represents, the rule lets the litigation follow the office rather than the individual who happened to hold it.
Frequently Asked Questions
What happens to a lawsuit against a government official who leaves office?
Rule 25.04 allows the lawsuit to continue against the officer's successor if the officer dies, resigns, or otherwise stops holding office while the case is pending, rather than requiring the case to end or be refiled.
Who can move to substitute a successor public officer as a party?
Rule 25.04 allows either the successor officer or any party to the case to file the written motion for substitution.
Does this rule apply to city or county officials, or only state officials?
It applies broadly. Rule 25.04 covers an officer of the state, a county, a city, or any other governmental agency who is a party to a pending action.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 25.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: substituting a successor public officerlawsuit against government official who resignsCR 25.04official leaves office during litigationsuing a public officer in an official capacity