Rule 25.Substitution of Parties

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) covers a party adjudged incompetent: on a motion served the way division (A) requires, the court must let 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.