Group IV: Parties · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 25 keeps a lawsuit alive when a party dies, becomes incompetent, transfers away the interest at stake, or leaves public office, by letting the court substitute the right person in without forcing the case to start over.
(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 Rule 5 and upon persons not parties in the manner provided by Rule 4 for the service of summons. If substitution is not made within a reasonable time, the action may be dismissed as to the deceased party. Counsel of record for such deceased party shall give notice to all other parties of the death of such party as soon as practicable after obtaining such knowledge and of the name and address of the proper parties who should be substituted.
substitution is to be made within 90 days after notice of death is suggested upon the record. This Rule substitutes "a reasonable time" after such knowledge is obtained.
(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. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
avoid dismissing and restarting an action as to surviving parties.
(3)After a judgment has been rendered in any action for any wrong, such action shall not abate by the death of any party, but shall proceed thereafter in the same manner as in cases where the action survives by law.
the second paragraph of Code § 15-5-180.:
(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 his 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 Rule 25(a)(1).
(d)Public Officers; Death or Separation From Office .
(1)When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his 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 his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added.
official capacity. In the event he is sued as an individual then the provisions of Rule 25(a) apply. Rule 25(d)(2) provides that the officer sued in his official capacity may be described as a party by his official title rather than by his personal name. If it is desirable to have the official's name the court has the power to add it.
(e)Substitution at Any Stage. Substitution of parties under the provision of this rule may be made by the trial court either before or after judgment, or pending appeal, by the appellate court.
Notes
Note: This Rule 25(a)(1) is substantially the same as Federal Rule 25(a). In the Federal Rule the motion for
Note: This Rule 25(a)(2) is the same as the Federal Rule. It provides in specific language a procedure to
Note: This Rule 25(a)(3) is new but does not change State practice. It repeats substantially the language of
Note: This is the language of current Federal Rules 25(b) and (c) but represents present State practice.
Note: This Rule 25(d) is the language of Federal Rule 25(d). It applies only when the officer is sued in his
Note: This provision [Rule 25(e)] does not appear in the Federal Rules. It is added to preserve State practice.
Plain-English Summary
Rule 25(a) addresses death. When a party dies and the underlying claim survives, any party or the deceased party's successors or representatives can move for substitution, with service on existing parties under Rule 5 and on new persons under Rule 4. Counsel for the deceased party has a duty to notify the other parties of the death, along with the name and address of whoever should be substituted, as soon as practicable. If substitution does not happen within a reasonable time, the court may dismiss the action as to the deceased party — notably, the rule sets no fixed number of days for this, unlike the federal rule's ninety-day clock, leaving the question to what is reasonable under the circumstances. When a claim survives only as to the remaining plaintiffs or defendants, the case does not abate at all; the death is noted on the record and the case proceeds among the survivors. And once judgment has already been entered, a party's later death never abates the action.
Rule 25(b) applies the same substitution mechanism when a party becomes incompetent, allowing the case to continue by or against that party's representative on motion. Rule 25(c) covers a transfer of interest during the litigation — the case can keep going in the name of the original party unless the court, on motion, orders the transferee substituted in or joined alongside the original party.
Rule 25(d) deals with public officers sued in their official capacity. If the officer dies, resigns, or otherwise leaves office while the case is pending, the successor is automatically substituted — no separate order is required for the substitution to take effect, and any misnomer that does not affect the substantial rights of the parties is disregarded. Because the suit targets the office rather than the individual, the officer can be identified by title rather than by name, though the court can require the name to be added if that would help.
Rule 25(e) lets substitution happen at any stage of a case — before judgment, after judgment, or while an appeal is pending, in which case the appellate court itself can order the substitution. This provision has no federal counterpart; it was added to preserve existing South Carolina practice of allowing substitution regardless of how far the case has progressed.
Frequently Asked Questions
What happens if a party dies while a case is pending?
If the underlying claim survives the death, the court can substitute the proper party — a successor or representative — on motion by any party or by the deceased party's own successors or representatives.
Is there a strict deadline for filing a substitution motion after someone dies?
No fixed number of days appears in the rule. Rule 25(a)(1) requires substitution within a reasonable time, and if that does not happen the court may dismiss the action as to the deceased party.
Does a public official's resignation end a case against them in their official capacity?
No. Rule 25(d) provides that the action does not abate, and the successor in office is automatically substituted as a party without the need for a separate order.
What if the interest in a case gets transferred to someone else while litigation is pending?
Under Rule 25(c), the case can continue in the name of the original party unless the court, on motion, orders the person who received the transferred interest to be substituted in or joined with the original party.
Can substitution happen after judgment or while a case is on appeal?
Yes. Rule 25(e) allows the trial court to order substitution before or after judgment, and allows the appellate court to order it while an appeal is pending.
Who has to give notice when a party dies?
Counsel of record for the deceased party must notify the other parties of the death as soon as practicable, along with the name and address of the proper parties who should be substituted.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as:substitution of parties deathparty dies during lawsuit South Carolinapublic officer substitution official capacitytransfer of interest during litigation