Last amended July 1, 2015 · Last verified July 1, 2026
In one sentenceRule 25 keeps a lawsuit alive through a party's death, incompetency, transfer of interest, or loss of public office by letting the proper successor or representative be substituted in, generally on motion within ninety days after the death is suggested on the record.
1If a party dies and the claim is not thereby extinguished, the court shall, upon motion, order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and shall be served on the parties as provided in Civ.R. 5 and upon persons not parties in the manner provided in Civ.R. 4 through Civ.R. 4.6 for the service of summons. Unless the motion for substitution is made not later than ninety days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party.
2In the event of the death of one or more of the plaintiffs or of 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 action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
If a party is adjudged incompetent, the court upon motion served as provided in division (A) of this rule shall allow the action to be continued by or against the party’s representative.
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 division (A) of this rule.
1When a public officer is a party to an action in the public officer’s official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the public officer’s 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.
2When a public officer sues or is sued in the public officer’s official capacity, the public officer may be described as a party by official title rather than by name. The court however may require the addition of the public officer’s name.
Upon the death or incompetency of a party it shall be the duty of the attorney of record for that party to suggest such fact upon the record within fourteen days after the attorney acquires actual knowledge of the death or incompetency of that party. The suggestion of death or incompetency shall be served on all other parties as provided in Civ.R. 5.
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 2015
Staff Note (July 1, 2015 Amendment)
Rule 25(A) is amended by eliminating the reference to a requirement for service of a "notice of hearing" which is no longer required by Civ.R. 6(B).
Plain-English Summary
Division (A) addresses death. If a party dies and the claim survives, the court must, on motion, substitute the proper party — a motion any party or the deceased’s successor or representative may make, served on parties under Rule 5 and on non-parties in the manner used for serving a summons. That motion must come within ninety days after the death is suggested on the record by service of a statement of death, or the action is dismissed as to the deceased party. If the right being enforced survives only to or against the remaining parties, though, the action does not abate at all — the death is noted on the record and the case proceeds among those who are left.
Division (B) extends the same ninety-day substitution procedure to a party adjudged incompetent, letting the action continue through that party’s representative. Division (C) covers a transfer of interest during the litigation — the action may continue in the name of the original party unless the court, on motion served the same way, orders the transferee substituted in or joined with the original party.
Division (D) handles public officers sued in their official capacity: if the officer dies, resigns, or otherwise leaves office, the action does not abate and the successor is automatically substituted, with any misnomer disregarded so long as it does not affect a substantial right; a public officer may also be identified by title rather than by name, though the court can require the name to be added. Division (E) puts the burden on counsel of record to suggest a party’s death or incompetency on the record within fourteen days of learning of it, and to serve that suggestion on all other parties under Rule 5.
Frequently Asked Questions
How long does a party have to move to substitute a deceased party?
Ninety days after the death is suggested on the record by service of a statement of the fact of death. If no motion for substitution is made within that time, the action is dismissed as to the deceased party.
Does a lawsuit always end when one of several plaintiffs or defendants dies?
No. If the right being enforced survives only to or against the remaining parties, the action does not abate at all — the death is noted on the record and the case continues among the surviving parties.
What happens when a public officer who is a party leaves office during the case?
The action does not abate. The officer’s successor is automatically substituted as a party, and any misnomer in identifying the successor is disregarded unless it affects a substantial right.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 25). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:death of a partysuggestion of deathincompetency of a partytransfer of interest