Part I · Rule 52: Parties · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 52.13 tells a court how to substitute a new party after a party dies, becomes incompetent, or transfers an interest, and after a public officer leaves office or a corporation dissolves, and it sets a 90-day deadline for seeking substitution once a death is suggested on the record.
(1)If a party dies and the claim is not thereby extinguished, the court may, upon motion, order substitution of the proper parties. Suggestion of death may be made by any party or person in interest by the service of a statement of the fact of the death as provided herein for the service of a motion. A motion for substitution may be made by any party or by the successor or representative of the deceased party. Such motion, together with notice of hearing shall be served upon the parties as provided in Rule 43.01, and upon persons not parties in the manner provided for the service of a summons. Unless a motion for substitution is served within 90 days after a suggestion of death is filed, the action shall be dismissed as to the deceased party without prejudice.
(2)In the event of the death of one or more of the plaintiffs or one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the death shall be suggested on the record and the action shall proceed in favor of or against the surviving parties.
(b)Incompetency. If a party becomes incompetent, upon motion for substitution served as provided in Rule 52.13(a), the court may allow the action to be continued by or against the party’s representative.
(c)Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subsection (a) of this Rule.
(d)Public Officers—Death or Separation From Office. When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. When a public officer sues or is sued in an official capacity, the officer may be described as a party by official title rather than by name, but the court may require the name to be added.
(e)Dissolution of Corporation. When a corporation has been sued and served with a process or has appeared while in being, and is thereafter dissolved or its charter forfeited, the action shall not be affected thereby and any judgment obtained shall have the effect of a judgment against the directors and officers in office when any such dissolution or forfeiture occurs, in their representative capacity, although they were not joined in the action.
(f)Motion for Substitution—Notice. When service of motion for substitution and notice of hearing is required to be served in the manner for the service of summons, the hearing on said motion shall not be held prior to the time the person served would be required to appear if served with an original process.
(g)Substitution—Effect on Time for After-Judgment Motions. In all cases where the event which gives a right to substitute parties under this Rule occurs after judgment has been rendered in a trial court, the time for filing after-judgment motions, giving after-judgment notices and all other after-judgment proceedings shall not begin to run until an order of substitution is made in accordance with this Rule.
Paragraph (a)(1) is derived from prior Rule 52.12(a) and [Federal] Rule (a)(1) but it has been substantially revised. Paragraph (a)(2) is substantially the same as prior Rule 52.12(b). Paragraph (b) is substantially the same as prior Rule 52.12(d). Paragraph (c) is the same as prior Rule 52.12(e). Paragraph (d) is the same as prior Rule 52.12(g). Paragraph (e) is substantially the same as prior Rule 52.12(f). Paragraphs (f) and (g) are substantially the same as prior Rule 52.12 (h) and (i). Note limitations upon recovery against assets of administered decedents’ estates in Sections 473.360, 473.363, 473.367 and 473.370 RSMo. Written notice of the motion for substitution must be filed in the probate court in which the estate is being administered within six months after the first published notice of letters. Personal representatives are directed to give notice of death to adverse parties in litigation in which they know deceased was a party. Compare: Rule 25 of the Federal Rules of Civil Procedure.
Plain-English Summary
When a party dies during a case and the underlying claim survives that death, Rule 52.13(a) lets the court order substitution of the proper party on motion. Any party or interested person may suggest the death on the record by serving a statement of it, and any party, or the deceased party's successor or representative, may move for substitution; that motion and its notice of hearing are served on parties under Rule 43.01 and on non-parties the same way a summons would be served. If no substitution motion is served within 90 days after the suggestion of death is filed, the action is dismissed as to the deceased party without prejudice. Where the right at stake survives only to or against the parties who remain, the death is noted on the record and the case continues among them.
Rule 52.13(b) and (c) extend similar mechanics to two other situations: if a party becomes incompetent, the court may, on motion served the same way, let the action continue by or against that party's representative; and if an interest in the case transfers to someone new, the action may continue by or against the original party unless the court, on motion, directs the transferee to be substituted or joined.
Public officers and corporations get their own provisions. When a public officer who is a party in an official capacity dies, resigns, or otherwise leaves office while the case is pending, the action does not abate — the successor is automatically substituted, proceedings continue in the substituted party's name, and any misnomer that does not affect substantial rights is disregarded; a formal substitution order can come at any time, and its absence does not undo the substitution. When a corporation that has been sued and served, or that has appeared, is later dissolved or has its charter forfeited, the action is unaffected, and any judgment obtained binds the directors and officers who were in office at the time of dissolution, in their representative capacity, even though they were never joined individually.
Two closing provisions govern timing. A hearing on a substitution motion cannot be held before the time the person served would otherwise have to appear if served with original process, and when the event triggering substitution happens after judgment, the time for filing after-judgment motions and taking other after-judgment steps does not begin to run until the court enters the substitution order.
Frequently Asked Questions
What happens to a lawsuit when a party dies during the case?
If the underlying claim survives the party's death, the court may order substitution of the proper party on motion. Any party or interested person may first suggest the death on the record, and any party or the deceased's successor or representative may then move for substitution.
How long do parties have to move for substitution after a death is put on the record?
90 days after the suggestion of death is filed. If no substitution motion is served within that time, the action is dismissed as to the deceased party without prejudice.
What happens if a party becomes incompetent during litigation?
Rule 52.13(b) lets the court, on a motion for substitution served the same way as under subsection (a), allow the action to continue by or against that party's representative.
Does a lawsuit against a public officer end when that officer leaves office?
No. When a public officer sued in an official capacity dies, resigns, or otherwise ceases to hold office, the action does not abate, and the successor is automatically substituted as a party.
What happens to a case against a corporation that dissolves while the suit is pending?
If the corporation was already sued and served, or had appeared, before dissolution or forfeiture of its charter, the action is not affected, and any resulting judgment has the effect of a judgment against the directors and officers in office when the dissolution or forfeiture occurred, in their representative capacity.
Does the 90-day deadline mean the case against every party is dismissed?
No. The dismissal under Rule 52.13(a)(1) applies only as to the deceased party without prejudice; it does not by itself dismiss the action as to any other party who remains in the case.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as:substitution of partiesdeath of a party lawsuitsuggestion of deathincompetency substitutionpublic officer substitutiondissolved corporation lawsuit