Rule 3:17.Substitution of Parties.

A case doesn’t necessarily end just because a party can no longer carry it forward. When someone becomes incapable of prosecuting or defending — because of death, disability, a felony conviction, removal from office, or some other cause — this rule lets a successor in interest step into that person’s place as a party.

Substitution can be made on the motion of the successor or of any party to the suit. If the successor doesn’t make or consent to the motion, the party seeking substitution files the motion along with a proposed amended pleading that would effect it, and serves both on the party to be substituted the way original process is served under the Code of Virginia. Unless the movant and that party agree on a different schedule, or the court orders one, the party sought to be substituted has 21 days after service to file a written response to the motion.

Public officers get their own automatic path. When a public officer who is a party in an official capacity dies, resigns, or otherwise leaves office while the case is pending, the action doesn’t abate — the officer’s successor is automatically substituted as a party, and later proceedings should be captioned in the substituted party’s name. Any misnomer that doesn’t affect the parties’ substantial rights is disregarded. The court may order the substitution at any time, but the absence of such an order doesn’t undo the substitution, which happens by operation of this rule regardless.