Group IV: Parties · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 25 keeps a lawsuit alive when a party dies, becomes incompetent, transfers their interest, or leaves public office, by providing a procedure to substitute the proper party in their place.
(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 in Rule 4 for the service of a summons. Unless the motion for substitution is made not later than 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.
(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.
(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 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)A public officer who sues or is sued in an official capacity may be described as a party by the officer’s official title rather than by name; but the court may require the officer’s name to be added.
Notes
Reporter’s Notes: This rule is virtually identical to Federal Rule 25. Rule 25(a) provides a simple procedure for substitution of parties or continuation of the action on the death of a party. The effect of the rule is the same as that under prior Vermont law, except that all proceedings are by motion or suggestion upon the record. See 12 V.S.A. §§ 4401- 4411 (now superseded); 14 V.S.A. §§ 1403- 1409 (now superseded). A form for the suggestion of death is included as Official Form 30 in the Appendix of Forms. Rule 25(b) is the equivalent of prior practice under 14 V.S.A. § 2693 (now superseded). Rules 25(c) and (d) have no express equivalent in prior Vermont practice but, like the rest of the rule, serve the salutary purpose of preventing technical dismissals.
Plain-English Summary
Litigation can outlast the people who started it. Rule 25 makes sure a case does not have to end just because a party dies, loses legal competence, transfers an interest, or leaves public office. If a party dies and the claim survives, the court may substitute the proper party - a step that any party or the deceased's successor or representative can request by motion, served the same way as a summons on anyone not already a party. That motion must come within 90 days after the death is put on the record, or the case is dismissed as to the deceased party. If the surviving right belongs only to the remaining plaintiffs or runs only against the remaining defendants, the case does not need a substitution motion at all - the death is noted on the record and the case moves forward.
The same principle covers incompetency and transfers of interest: the court can allow the case to continue against a party's representative, or can substitute or add the person who received a transferred interest, again on motion served under subdivision (a)'s procedure. Public officers get their own rule: when an officer sued in an official capacity dies, resigns, or leaves office, the successor steps in automatically, without needing a court order, and the case proceeds under the new officer's name. A public officer can also be named by title rather than by name, unless the court asks that the name be added.
Frequently Asked Questions
What happens if a motion to substitute a deceased party is not filed in time?
Unless the motion for substitution is made within 90 days after the death is suggested on the record, the action is dismissed as to the deceased party.
Who can file a motion to substitute a deceased party?
The motion may be made by any party or by the successors or representatives of the deceased party, and it must be served on the parties under Rule 5 and on any nonparties in the manner Rule 4 requires for serving a summons.
Does a case always abate when one of several plaintiffs or defendants dies?
No. If the surviving right can still be enforced by the remaining plaintiffs or against the remaining defendants, the death is noted on the record and the action continues without a substitution motion.
What happens to a case when a public officer sued in an official capacity leaves office?
The officer's successor is automatically substituted, the case does not abate, and proceedings continue in the successor's name; an order of substitution can be entered at any time, but failing to enter one does not undo the substitution.
What happens when a party transfers their interest in the case to someone else?
The action may continue in the name of the original party unless the court, on motion, orders the transferee to be substituted in or joined with the original party, following the same service procedure used for substitution motions.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:substitution of partiesdeath of a party lawsuitVRCP 25transfer of interest litigationpublic officer successor