Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 25 keeps a lawsuit alive when a party dies, becomes incompetent, transfers an interest, or a public officer leaves office, and sets out how the court substitutes the proper person so the case can continue.
(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.
(d)Public Officers; Death or Separation From Office.
(1)When a public officer is a party to an action in an 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.
(2)When a public officer sues or is sued in an official capacity, the public officer may be described as a party by the officer's official title rather than by name; but the court may require the public officer's name to be added.
V. DEPOSITIONS AND DISCOVERY Introductory Notes on 1995 Amendments of the Discovery Rules At the time the Rhode Island Superior Court Rules of Civil Procedure were adopted in 1966, the discovery rules, Rules 26-37, were patterned generally upon the corresponding Federal Rules of Civil Procedure. Departures from the federal model were based in part upon proposed changes to the federal discovery rules which had not yet been adopted. Rules 26-37 of the Superior Court Rules of Civil Procedure have not been amended significantly since 1966.
In 1970 Rules 26-37 of the Federal Rules of Civil Procedure were amended extensively. Those 1970 amendments made substantial changes in the federal discovery rules, some of them along lines already adopted in Rhode Island. Further, the 1970 amendments restructured the federal discovery rules.
The present amendments to the Superior Court civil rules are designed to accomplish two purposes. First, the structure of the discovery rules is brought into conformity with the corresponding federal rules. Second, the committee has examined each rule specifically, proposing adoption of some of the federal changes, proposing retention of some of the Rhode Island variations, and proposing some new modifications based on the committee's perception of the needs of the Superior Court in light of its experience with the rules. Explanation of specific rule changes recommended are found in the Committee Note following each rule amended. Explanation of the 1970 amendments to the Federal Rules relating to discovery are detailed by the Advisory Committee in 48 Federal Rules Decisions, beginning at page 487.
Failure to rearrange the rules would perpetuate confusion resulting from the differences in numbering between the Federal and Rhode Island rules, a difference which has existed since 1970. Below is a table indicating where the transferred provisions have been placed.
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
Lawsuits don’t automatically end just because something happens to one of the people involved. Rule 25 covers what happens when a party dies. If the underlying claim survives the party’s death, the court can order substitution of the proper party, and either any party or the deceased party’s successors or representatives can ask for it. The request has to be served on existing parties the same way as other motions, and on any new person the same way a summons is served. If no one moves for substitution, the case is subject to dismissal. When a case has multiple plaintiffs or defendants and the right at issue survives only among the living ones, the case doesn’t stop at all — the death gets suggested on the record and the case proceeds in favor of or against the surviving parties.
The rule handles two other changes in status much the same way. If a party becomes incompetent, the court can allow the case to continue with that party’s representative standing in, on a motion served the same way as a death substitution. And if a party transfers their interest in the case to someone else, the case can continue with the original party unless the court, on motion, directs the new interest-holder to be substituted in or joined.
Public officials get separate treatment. When a public officer who is a party in an official capacity dies, resigns, or otherwise stops holding office, the successor is automatically substituted — no motion needed, and the case doesn’t abate. Proceedings continue in the substituted party’s name, and any misnomer that doesn’t affect the parties’ substantial rights is disregarded; an order recognizing the substitution can be entered at any time, and even omitting it doesn’t undo the substitution. The rule also lets a public officer be described by official title instead of by name, though the court can require the name to be added.
Frequently Asked Questions
What happens to a lawsuit if a party dies while the case is pending?
If the claim survives the death, the court can order substitution of the proper party on motion by any party or by the deceased party’s successors or representatives, served the same way as other motions and, on any new person, the same way as a summons. If no one moves for substitution, the case can be dismissed. When the surviving right belongs only to the living parties in a multi-party case, the case doesn’t stop — the death is noted on the record.
Does a case pause if a public officer sued in an official capacity leaves office?
No. Rule 25 automatically substitutes the officer’s successor, and the case doesn’t abate. The proceedings continue under the successor’s name, and any misnomer that doesn’t affect the parties’ substantial rights is disregarded. A formal order recognizing the substitution can come later without undoing anything that happened in the meantime.
What happens if a party sells or transfers their interest in the lawsuit while it's pending?
The case can keep going in the name of the original party. The court only needs to step in if, on motion, it decides the person who received the interest should be substituted in or added as a party, with service made the same way as a death-related substitution motion.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. 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 July 8, 2026. ·
Official source
Also known as:party dies during a lawsuitsubstituting a party in a court caseexecutor takes over a pending lawsuitwhat happens if a defendant dies before trialtransfer of interest during litigationpublic officer sued in official capacity leaves officeincompetent party substitution in a case