Circuit Court · Last amended July 1, 2005 · Last verified July 13, 2026
Amended Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.
Source. This Rule is derived as follows: Section (a) is derived in part from former Rules 220, 222, and 240 and the 1963 version of Fed. R. Civ. P. 25 (a), (b), (c), and (d) and is in part new. Section (b) is derived from former Rule 220 c, d and e. Section (c) is new. Section (d) is derived from former Rule 220 f.
Lawsuits sometimes outlast the parties who started them. Rule 2-241 covers substitution — swapping in the right person or entity when an existing party can no longer continue in that role. Substitution is available when a party dies (and the claim survives that party's death), becomes incompetent, transfers an interest in the case to someone else, dissolves or merges as a corporation, leaves public office, or, as a guardian, personal representative, receiver, or trustee, resigns, is removed, or dies.
Any party, anyone else affected by the case, the successors or representatives of the departing party, or the court itself can file a notice of substitution. The notice has to explain why substitution is needed, and if a party died, it should include the decedent's representatives, domicile, and date and place of death, to the extent known. The notice goes to the existing parties under Rule 1-321 and to the newly substituted party under Rule 2-121, unless that party has already submitted to the court's jurisdiction some other way.
Anyone who disagrees with the substitution can file a motion to strike it within 15 days after the notice is served. If nobody substitutes a proper party within the time Rule 2-241 requires, the court isn't stuck — it can dismiss the action, continue the trial or hearing, or take whatever other action justice calls for.
Substitution applies when a party dies and the claim survives, becomes incompetent, transfers an interest in the case, dissolves or merges as a corporation, leaves public office, or — as a guardian, personal representative, receiver, or trustee — resigns, is removed, or dies.
Any party to the case, anyone else affected by it, the successors or representatives of the departing party, or the court on its own can file the notice.
The notice must explain the reasons for substitution, and where a party has died, it should include the decedent's representatives, domicile, and date and place of death, to the extent that information is known.
The notice goes to the existing parties under Rule 1-321, and to the newly substituted party under Rule 2-121 — unless that party has already submitted to the court's jurisdiction in some other way.
Yes. A motion to strike the substitution can be filed within 15 days after the notice of substitution is served.
The court has discretion to dismiss the action, continue the trial or hearing, or take other action that justice requires.