Substitution of Parties

(a) DEATH. (1) Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substi- tution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or represent- ative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed. (2) Continuation Among the Remaining Parties. After a party’s death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record. (3) Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4. A statement noting death must be served in the same manner. Service may be made in any judicial district. (b) INCOMPETENCY. If a party becomes incompetent, the court may, on motion, permit the action to be continued by or against the party’s representative. The motion must be served as provided in Rule 25(a)(3). (c) TRANSFER OF INTEREST. If an interest is transferred, the ac- tion may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the ac- tion or joined with the original party. The motion must be served as provided in Rule 25(a)(3). (d) PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE. An ac- tion does not abate when a public officer who is a party in an offi- cial capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically sub- stituted as a party. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ sub- stantial rights must be disregarded. The court may order substi- tution at any time, but the absence of such an order does not af- fect the substitution. (As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 17, 1961, eff. July 19, 1961; Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) TITLE V. DISCLOSURES AND DISCOVERY