Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2009 · Last verified August 3, 2026
In one sentenceSection 2025 governs what happens to a pending case when a party dies, becomes incompetent, transfers their interest, or, for a public officer sued in an official capacity, leaves office, generally allowing substitution of the proper party without abating the action.
1.If a party dies and the claim is not thereby extinguished, the court may 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, together with the notice of hearing, shall be served on the parties as provided in Section 2005 of this title and upon persons not parties in the manner provided in Section 2004 of this title for the service of a summons. During the pendency of an action any party or any attorney who was an attorney of record for the deceased party immediately preceding death may file with the court a statement of the death of another party conforming substantially to Form 22 of Section 2027 of this title along with proof of death and serve the statement of death and proof of death on all other parties in the manner provided in Section 2005 of this title. Unless the motion for substitution is made within ninety (90) days of service of the statement of death, the action shall be dismissed without prejudice as to the deceased party.
2.In 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. A statement of death conforming substantially to Form 22 of Section 2027 of this title along with proof of death shall be filed with the court by any party and served on all other parties, and the action shall proceed in favor of or against the surviving parties.
B.INCOMPETENCY. If a party becomes incompetent, the court upon motion served as provided in subsection A of this section may allow the action to be continued by or against the representative of the incompetent party.
C.TRANSFER OF INTEREST. 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 subsection A of this section.
D.PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE.
1.When a public officer is a party to an action in the official capacity of the public officer and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the successor of the public officer 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.
2.When a public officer sues or is sued in the official capacity of the public officer, the public officer may be described as a party by the official title of the public officer rather than by name; but the court may require the name of the public officer to be added.
Amendment History
Added by Laws 1984, SB 417, c. 164, §27, eff. 11/1/1984; Amended by Laws 2009, HB 1597, c.
251, §1, eff. 11/1/2009.
Plain-English Summary
If a party dies and the underlying claim survives, the court can substitute the proper party in their place. Any party, or the deceased party's successors or representatives, can move for substitution, but the clock starts once someone files and serves a statement of death on the record: the motion for substitution must come within ninety days after that, or the action is dismissed without prejudice as to the deceased party. If the claim only survives to or against the remaining parties, the case doesn't abate at all; it just proceeds in their favor or against them once a statement of death is filed.
A party who becomes incompetent doesn't end the case either; the court can let it continue by or against the incompetent person's representative. The same goes for a transfer of interest during litigation: the case can keep going in the name of the original party unless the court, on motion, substitutes or joins the person who now holds the interest. And when a public officer sued in their official capacity dies, resigns, or otherwise leaves office, the successor is automatically substituted without abating the action; proceedings just continue in the new officeholder's name, and any misnomer that doesn't affect substantial rights is disregarded. A public officer suing or being sued officially can be identified by title rather than by name, though the court can require the name too.
Frequently Asked Questions
What happens to a lawsuit if a party dies while it's pending?
If the claim survives the death, the court may substitute the proper party; once a statement of death is filed and served, the motion for substitution must be made within ninety days or the action is dismissed without prejudice as to that party, under subsection A.
Does a case end if a party becomes incompetent during litigation?
No -- subsection B lets the court allow the action to continue by or against the incompetent party's representative.
What if someone transfers their interest in the property or claim at issue while the case is pending?
The action can continue in the name of the original party unless the court, on motion, orders the person who received the interest to be substituted or joined, under subsection C.
What happens when a government official sued in their official role leaves office?
Their successor is automatically substituted as a party without the case abating, and proceedings continue in the successor's name, under subsection D.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma substitution of parties rule12 O.S. § 2025death of a party lawsuit oklahomasuggestion of death oklahoma civil procedure