§ 25-1403.Death of one of several parties; cessation of powers of personal representative; right of action surviving to or against remaining parties; procedure.

Not every case has just one plaintiff and one defendant. Section 25-1403 addresses what happens when a case with multiple plaintiffs or multiple defendants loses one of them, either because that person dies or because a party who was suing or being sued as a personal representative stops holding that role. If the right of action survives to or against the parties who remain, the litigation does not need a formal revivor. It may proceed without a separate revivor step, with the death or the cessation of the representative’s powers stated on the record.

This is a narrower, faster path than the full revivor procedure described in §§ 25-1405 through 25-1409. Those sections apply when a case needs a successor formally substituted in as a party, typically because the case cannot go forward without that person. Section 25-1403 instead covers the situation where the remaining plaintiffs or defendants are enough to carry the case forward on their own, and the departed party’s claim or liability was severable from theirs.

The companion provision, § 25-1404, covers the flip side: what happens when the cause of action does not admit of survivorship among the remaining parties, meaning the case cannot continue on its own as if nothing happened. Reading the two sections together shows the dividing line — survivability among the remaining parties determines whether the case proceeds informally under this section or needs the more careful handling of the next.