Rule 25.Substitution of Parties
Part IV. Parties · Last amended July 1, 2009 · Last verified September 4, 2026
Full Text of Rule 25
Rule History
Amended June 24, 2009, effective July 1, 2009.
Plain-English Summary
Rule 25 is the shortest live rule in this part, and what has been taken out of it says as much as what is left. Subsections (a), (c) and (d) are all deleted — so the substitution provisions for death, transfer of interest and public officers have no domestic relations counterpart.
What survives is subsection (b). If a party becomes incompetent or incapacitated as defined in General Laws chapter 190B, the court upon motion served may allow the action to be continued by or against that party's representative. The 2009 amendment brought the incapacity language into line with the Uniform Probate Code, the same change made to Rule 17(b) in the same year.
Note the mechanics. The rule requires a motion served, and it makes continuation permissive — the court "may allow" it. It sets no deadline, which distinguishes it from the civil rule's substitution provisions, and it identifies the substitute only as "his representative", leaving the appointment itself to the substantive law.
Read Rule 25 with Rule 17(b), which is where the appointment and protection of a representative for an incapacitated person is dealt with.
Frequently Asked Questions
What happens if a party becomes incapacitated during the case?
Rule 25(b) provides that the court, upon motion served, may allow the action to be continued by or against the party's representative.
Does Rule 25 cover the death of a party?
No. Rule 25(a) is deleted from this ruleset, as are (c) and (d). The only substitution provision that survives is (b), for a party who becomes incompetent or incapacitated.
Is there a deadline for a substitution motion?
Rule 25(b) sets none. It requires a motion served and leaves the decision to the court's discretion.
Who counts as the representative?
The rule does not define the term; it uses the incapacity definition in General Laws chapter 190B and leaves the appointment to the substantive law. Rule 17(b) deals with representatives, next friends and guardians ad litem for infants, incompetent persons and incapacitated persons.