Rule 25.Substitution of Parties.
Current through February 2024 · Last verified July 8, 2026
Full Text of Rule 25
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
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.