Rule 25.Substitution of Parties.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 25 tells the court what to do when a party dies, becomes incompetent, or transfers the interest in dispute, and warns that a case left without a substitution motion is subject to dismissal.

Full Text of Rule 25

Text sizeJump to: (a) (b) (c)

(a) Death.

(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 by Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons. If no motion for substitution is made the action shall be subject to dismissal under Rule 41(b).

(2) In the event of the death of one (1) or more of the plaintiffs or of one (1) 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 on the record 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 subdivision (a) of this rule may allow the action to be continued by or against the party's representative.

(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 subdivision (a) of this rule.

End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Subdivision (a)(1) handles death. If a party dies and the claim is not extinguished by the death, the court may order the proper parties substituted. The motion may come from any party or from the successors or representatives of the person who died. It must be served, together with the notice of hearing, on the parties as Rule 5 provides and on anyone who is not already a party in the manner Rule 4 requires for a summons — notice to an outsider goes out the way a summons does, not the way ordinary papers do.

The consequence sits in the last line of (a)(1). If no motion for substitution is made, the action is subject to dismissal under Rule 41(b). The rule names no number of days for filing that motion, so the exposure runs open-ended rather than off a clock.

Subdivision (a)(2) covers a different situation: the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants. There the action does not abate. The death is suggested on the record and the case proceeds in favor of or against the parties who remain, with no substitution needed.

Subdivisions (b) and (c) finish the rule. If a party becomes incompetent, the court may allow the action to be continued by or against that party's representative, on a motion served the way subdivision (a) requires. If a party transfers the interest at stake, the case may continue with the original party unless the court directs the transferee to be substituted or joined, again on a motion served under subdivision (a).

Frequently Asked Questions

What happens if a party dies during a Rhode Island Family Court case?

Under subdivision (a)(1), if the claim is not extinguished by the death, the court may order substitution of the proper parties. The motion may be filed by any party or by the successors or representatives of the party who died.

How is a motion to substitute a party served?

Subdivision (a)(1) requires the motion and the notice of hearing to be served on the parties as provided in Rule 5. Persons who are not parties are served in the manner Rule 4 provides for service of a summons.

What happens if nobody files a motion to substitute?

Subdivision (a)(1) makes the action subject to dismissal under Rule 41(b). The rule sets no fixed number of days for the motion, so the risk stays open until someone acts.

Does the case end if one of several parties dies?

Not where the right being enforced survives only to the surviving plaintiffs or only against the surviving defendants. Subdivision (a)(2) says the action does not abate, the death is suggested on the record, and the case proceeds in favor of or against the surviving parties.

What if a party becomes incompetent or sells the interest in the case?

Subdivision (b) lets the court, on a motion served as subdivision (a) requires, allow the action to continue by or against the incompetent party's representative. Subdivision (c) lets an action continue with the original party after a transfer of interest unless the court directs the transferee to be substituted or joined.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 25). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

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