Rule 3-241.Substitution of parties

Cases outlive the people and entities that start them. Rule 3-241 covers six situations where a party can no longer carry on: the party dies (and the claim survives the death), becomes incompetent, transfers an interest in the action to someone else, is a corporation that dissolves, forfeits its charter, merges, or consolidates, is a public officer who leaves office, or is a guardian, personal representative, receiver, or trustee who resigns, is removed, or dies. When any of these happens, the case does not have to end — the proper person steps into the departed party's place.

Substitution runs on notice, not a formal motion. Any party, anyone else affected by the case, the successors or representatives of the departed party, or the court itself can file a notice naming the replacement and explaining why the swap is needed. If the substitution follows a death, the notice must also give the decedent's representatives, domicile, and date and place of death, to the extent they are known. The notice goes to every existing party under the general service rule and to the incoming party in the manner used to serve original process, unless that person has already appeared and submitted to the court's jurisdiction. Anyone who disagrees with the substitution has 15 days after service to file a motion to strike it. If no one steps in when a substitution is needed, the rule gives the court room to manage the gap — it can dismiss the case, continue the trial or hearing, or take whatever other action justice calls for.