Group IV: Parties · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 25 keeps a lawsuit alive through a party's death, incompetency, transfer of interest, or a public officer's departure from office by substituting the right party in place of dismissing the case, and it sets a 90-day deadline for substitution after a party's death is formally noted on the record.
(1)Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion for substitution is not made within 90 days after service of a statement noting the death, the action by or against the decedent may be dismissed.
(2)Continuation among the remaining parties. After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death must be noted on the record.
(3)Continuation after judgment. If a party dies after a verdict is rendered or an order for judgment is made, the action does not abate, and substitution of parties must be allowed.
(4)Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4. A statement noting death must be served in the same manner. Service may be made in any judicial district.
(b)Incompetency. If a party becomes incompetent, the court may, on motion, permit the action to be continued by or against the party's representative or guardian. The court may, on motion or on its own, appoint a guardian ad litem for the party. The motion must be served as provided in Rule 25(a)(4).
(c)Transfer of interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, directs the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in Rule 25(a)(4).
(d)Public officers; death or separation from office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
Explanatory Note
Rule 25 was amended, effective March 1, 1990; March 1, 2011. Rule 25 is derived from Fed.R.Civ.P. 25. Rule 25 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Subdivision (d) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Plain-English Summary
Rule 25(a) addresses what happens when a party dies while a case is pending. If the claim is not extinguished by the death, the court may order substitution of the proper party — the decedent's successor or representative, or any other party, may move for it. That motion faces a real deadline: if substitution is not sought within 90 days after a statement noting the death is served, the action by or against the decedent may be dismissed. When the right at issue survives only to or against the remaining parties, though, the case continues among them without any need for substitution, once the death is noted on the record. And once a verdict has been rendered or an order for judgment made, a party's death does not stop the action from proceeding — substitution must be allowed to see the case through to judgment.
Rule 25(b) handles incompetency: if a party becomes incompetent while the case is pending, the court may, on motion, let the action continue by or against that party's representative or guardian, and it may appoint a guardian ad litem on motion or on its own. Rule 25(c) covers a transfer of interest during litigation — the action may continue in the name of the original party unless the court, on motion, orders the transferee substituted in or joined with the original party. Both of these motions must be served the same way as a motion to substitute after death, under Rule 25(a)(4), which in turn requires service on parties under Rule 5 and on nonparties under Rule 4.
Rule 25(d) protects continuity in cases against public officers sued in their official capacity. If that officer dies, resigns, or otherwise leaves office while the case is pending, the action does not abate — the successor is automatically substituted, and later proceedings run in the successor's name. Any misnomer that does not affect the parties' substantial rights is disregarded, and while the court may order substitution at any time, the absence of such an order does not undo the substitution that has already happened by operation of the rule.
Frequently Asked Questions
What happens to a North Dakota lawsuit if a party dies while it's pending?
If the claim survives the death, Rule 25(a) allows the court to order substitution of the proper party, on a motion by any party or by the decedent's successor or representative. If the claim survives only to or against the remaining parties, the action continues among them without substitution once the death is noted on the record.
Is there a deadline to ask the court to substitute a deceased party's representative?
Yes. Rule 25(a)(1) gives 90 days after service of a statement noting the death to move for substitution. If no motion is made within that period, the action by or against the decedent may be dismissed.
What happens if I transfer my interest in the lawsuit to someone else while the case is going on?
Rule 25(c) allows the action to continue by or against the original party, unless the court, on motion, directs that the transferee be substituted into the case or joined with the original party.
What happens to a lawsuit against a public official who dies, resigns, or leaves office?
Rule 25(d) provides that the action does not abate — the officer's successor is automatically substituted as a party, and later proceedings are captioned in the successor's name, with any misnomer that doesn't affect substantial rights disregarded.
Can the court appoint a guardian ad litem for a party who becomes incompetent during the case?
Yes. Rule 25(b) allows the court, on motion or on its own, to appoint a guardian ad litem for a party who becomes incompetent, and it may also let the action continue by or against that party's representative or guardian.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as:nd substitution of parties after deathlawsuit continues after party dies north dakotaguardian ad litem nd rule 25transfer of interest during lawsuit ndpublic officer successor substitution north dakota