Rule 25.Substitution of parties upon death, incompetency or transfer of interest; abatement.

Rule 25(a) provides that an action does not abate because a party dies, as long as the underlying claim survives the death. The court may, on motion made within the time G.S. 28A-19-3 allows for presenting claims against an estate, substitute the deceased party’s personal representative or collector and let the case continue. Rule 25(b) does the same for a party later adjudicated incompetent or insane: a motion within one year of that adjudication, or later by supplemental complaint, lets the court substitute a general guardian, trustee, or guardian ad litem; without a formal adjudication, any party may suggest the incompetency to the court, which enters whatever order justice requires. More broadly, Rule 25(c) lets the court order the action abated, after a party’s death, insanity, or incompetency, unless it is continued by the proper parties within a window the court sets — not less than six and not more than 12 months from that order.

Rule 25(d) keeps a case going in the original party’s name when interest in the underlying claim transfers for a reason other than death, though the court may, on motion, let the transferee join. Rule 25(e) applies the same no-abatement principle to a corporate receiver: the receiver’s death does not end the case, which continues instead against the successor receiver or, if none is appointed, against the corporation itself once the facts are placed on the record.

Rule 25(f) automatically substitutes the successor when a public officer sued in an official capacity dies, resigns, or otherwise leaves office — no substitution order is required to make the change effective, though one may still be entered, and the officer may be identified by title rather than by name. Rule 25(g) closes the rule with a final backstop: once a verdict has been rendered, a party’s death can never abate the action, whether or not the underlying claim would otherwise have survived.