A. NONABATEMENT OF ACTION BY DEATH, DISABILITY, OR TRANSFER No action shall abate by the death or disability of a party, or by the transfer of any interest therein, if the claim survives or continues.
Rule 34.Substitution of Parties
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 34 keeps a lawsuit alive when a party dies, becomes disabled, transfers their interest, or a public officer sued in an official capacity leaves office, and sets out how and when the court substitutes the right person to carry the case forward.
Full Text of Rule 34
B. DEATH OF A PARTY; CONTINUED PROCEEDINGS In case of the death of a party, the court shall, on motion, allow the action to be continued:
(1) By such party's personal representative or successors in interest at any time within one year after such party's death; or
(2) Against such party's personal representative or successors in interest unless the personal representative or successors in interest mail or deliver notice including the information required by ORS 115.003 (3) to the claimant or to the claimant's attorney if the claimant is known to be represented, and the claimant or his attorney fails to move the court to substitute the personal representative or successors in interest within 30 days of mailing or delivery.
C. DISABILITY OF A PARTY; CONTINUED PROCEEDINGS In case of the disability of a party, the court may, at any time within one year thereafter, on motion, allow the action to be continued by or against the party's guardian or conservator or successors in interest.
D. DEATH OF A PARTY; SURVIVING PARTIES 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. The death shall be shown upon the record by a written statement of a party signed in conformance with Rule 17 and the action shall proceed in favor of or against the surviving parties.
E. 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.
F. PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE
(1) When a public officer is a party to an action in such officer's official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and such 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.
(2) When a public officer sues or is sued in such officer's official capacity, such officer may be described as a party by official title rather than by name; but the court may require such officer's name to be added.
G. PROCEDURE The motion for substitution may be made by any party, or by the successors in interest or representatives of the deceased party or the party with a disability, or the successors in interest of the transferor and shall be served on the parties as provided in Rule 9 and upon persons not parties in the manner provided in Rule 7 for the service of a summons.
Amendment History
Page 2 of 3 Rule 34 Substitution of Parties [CCP 12/2/78; § D amended by 1979 c.284 § 22; § B amended by CCP 12/14/02 eff. 1/1/04; § G amended by 2007 c.70 § 5 eff. 1/1/08]
Plain-English Summary
A lawsuit does not automatically end just because something happens to one of the parties. Rule 34 starts from that principle: the action does not abate because of a party’s death, disability, or transfer of interest, as long as the underlying claim survives that event. When a party dies, the court will, on motion, let the case go forward — the deceased party’s own personal representative or successors in interest can step in and press the claim within a year of the death. The case can likewise continue against a deceased defendant’s personal representative or successors, though those successors can force the issue: if they mail the claimant the required notice and the claimant then waits more than 30 days without moving to substitute them in, the case cannot proceed against them. A similar one-year window applies when a party becomes disabled, allowing the case to continue by or against that party’s guardian, conservator, or successors in interest.
Some situations need no substitution motion at all. If one of several plaintiffs or defendants dies and the claim survives only for or against the remaining parties, the case continues with the survivors once a party signs and files a written statement noting the death, as Rule 17 requires. A transfer of interest works the same practical way: the case continues with the original party unless the court, on motion, orders the person who received the interest substituted in or added.
Public officers get special treatment. When someone sued in an official capacity dies, resigns, or otherwise leaves that office while the case is pending, the successor is automatically substituted — no motion required — and the case continues in the successor’s name; a misnomer that doesn’t affect anyone’s substantial rights is disregarded. An officer sued in an official capacity may be identified by title rather than by name, though the court can require the name too. Whoever moves for substitution serves the motion on existing parties the ordinary way and serves anyone not yet a party the way a summons is served.
Frequently Asked Questions
What happens to an Oregon lawsuit if a party dies?
It does not automatically end, as long as the underlying claim survives the party’s death. On motion, the court allows the case to continue by the deceased party’s personal representative or successors in interest, or against them.
Is there a deadline to substitute a deceased party’s representative?
Generally one year from the death for the deceased party’s own representative or successors to step in and continue the case. When the case is continuing against a deceased defendant’s representative or successors, they can shorten that window by mailing the claimant the required notice, which starts a 30-day clock to move for substitution.
Do I need to file a motion if one of several co-plaintiffs dies?
Not if the claim survives to the remaining plaintiffs. The case continues with the surviving parties once the death is shown in the record by a signed written statement, without a substitution motion.
What happens if a government official sued in an official capacity leaves office during the case?
The successor is automatically substituted as a party, with no motion required, and the case continues in the successor’s name.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 34). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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