In one sentenceRule 25 lets a court substitute the proper parties when an original party dies, becomes incompetent, transfers their interest, or — in the case of a government officer sued in an official capacity — leaves office, and requires a motion for substitution after a death within 90 days of that death being suggested on the record or the action is dismissed as to the deceased party.
1If 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 in Rule 4 for the service of process. Unless the motion for substitution is made not later than ninety (90) days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party.
2In 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.
25.02Incompetency. If a party becomes incompetent, the court upon motion served as provided in Rule 25.01 may allow the action to proceed by or against the party's representative.
25.03Transfer of Interest. In case of any transfer of interest the action may proceed 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 25.01.
25.04Public Officers -- Death or Separation from Office.
1When an officer of the state, a county, a city or other governmental agency is a party to an action in the officer's official capacity and during its pendency dies, resigns, or otherwise ceases to hold the office, the action does not abate and the 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.
2When an officer of the state, a county, a city or other governmental agency sues or is sued in the officer's official capacity, he or she may be described as a party by the officer's official title rather than by name; but the court may require that the officer's name be added.
Advisory Commission Comments
Advisory Commission Comments.
25.01: Prior law, whether common law or statute, (Tenn. Code Ann. §§ 20-5-101 - 20-5-120), governing survival of actions after death of a party is not changed by this rule. Rule 25.01 allows substitution of the proper parties upon motion and notice. Rule 25.01 provides that suit will be dismissed unless a motion for substitution of party is made not later than 90 days after the death is suggested upon the record.
25.02: Rule 25.02 covers those cases in which a party, competent at the beginning of an action, later becomes incompetent. In such cases, the rule empowers the court, on motion, to allow the action to proceed by or against the incompetent's representative.
25.04: When a public officer sues or is sued in his or her official capacity, the real party in interest is normally the governmental institution or agency which the officer represents. Rule 25.04 recognizes this fact and provides for automatic substitution of a successor officer in case of the death, resignation or other vacation of office by the named officer. To avoid the whole problem, the Rule also allows the suit to be brought against a public officer in an official capacity by describing the officer by official title rather than by name.
Plain-English Summary
Rule 25.01 addresses the death of a party. If the claim survives the party's death, the court may substitute the proper parties on motion by any party or by the deceased party's own successors or representatives, served on the parties under Rule 5 and on any nonparties under Rule 4's process-service procedure. That motion has to be filed within 90 days after the death is suggested on the record through service of a statement of the fact of death, or the action is dismissed as to the deceased party. When multiple plaintiffs or defendants are involved and the right being enforced survives only as to the parties who remain, the action does not abate at all — the death is suggested on the record and the case continues in favor of or against the surviving parties.
Rule 25.02 lets the court, on motion, allow an action to proceed by or against a party's representative once that party becomes incompetent during the case. Rule 25.03 addresses what happens when an interest in the litigation is transferred to someone else while the case is pending: the action can proceed in the name of the original party unless the court, on motion, orders the transferee substituted in or joined alongside the original party.
Rule 25.04 handles a distinct situation involving public officers. When a state, county, or city officer is sued in an official capacity and dies, resigns, or otherwise leaves office while the case is pending, the action does not abate, and the officer's successor is automatically substituted — no motion or order is required to make the substitution effective, though an order may be entered at any time to formalize it. A public officer who sues or is sued in an official capacity may also be identified by title rather than by name, though the court can require the officer's actual name to be added.
Frequently Asked Questions
What happens if I do not move to substitute a party within 90 days of their death?
Rule 25.01 requires the motion for substitution to be filed within 90 days after the death is suggested on the record. If no motion is filed in that window, the action is dismissed as to the deceased party.
Does a lawsuit end automatically when one of several plaintiffs or defendants dies?
No, so long as the right being enforced survives as to the remaining parties. Rule 25.01 provides that the action does not abate; the death is suggested on the record and the case proceeds in favor of or against the surviving parties.
Does a case against a government official end when that official leaves office?
No. Rule 25.04 automatically substitutes the officer's successor when a public officer sued in an official capacity dies, resigns, or otherwise leaves office, and the action continues without abating.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 25). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as:substitution after deathsuggestion of deathincompetency of a partytransfer of interest
Advisory Commission Comments.
25.01: Prior law, whether common law or statute, (Tenn. Code Ann. §§ 20-5-101 - 20-5-120), governing survival of actions after death of a party is not changed by this rule. Rule 25.01 allows substitution of the proper parties upon motion and notice. Rule 25.01 provides that suit will be dismissed unless a motion for substitution of party is made not later than 90 days after the death is suggested upon the record.
25.02: Rule 25.02 covers those cases in which a party, competent at the beginning of an action, later becomes incompetent. In such cases, the rule empowers the court, on motion, to allow the action to proceed by or against the incompetent's representative.
25.04: When a public officer sues or is sued in his or her official capacity, the real party in interest is normally the governmental institution or agency which the officer represents. Rule 25.04 recognizes this fact and provides for automatic substitution of a successor officer in case of the death, resignation or other vacation of office by the named officer. To avoid the whole problem, the Rule also allows the suit to be brought against a public officer in an official capacity by describing the officer by official title rather than by name.