2-1008.Abatement; change of interest or liability; substitution of parties.

Section 2-1008 keeps a case moving even when the people involved in it change. Its general rule covers events after a case begins — marriage, bankruptcy, assignment, or any other change or transmission of interest or liability, including a new interested person coming into existence — that make it necessary or desirable to bring in a new party or change a party's capacity. The action does not abate; on motion, the court can substitute or add the proper parties and carry the case forward, with or without changing the case's title.

Death gets its own detailed treatment. When no estate has been opened, the court can appoint a special representative to prosecute the action on behalf of a deceased plaintiff, on a verified motion from someone who appears entitled to participate in the estate, and that special representative must notify heirs and legatees by mail within 90 days and publish notice to unknown heirs and legatees. This special-representative option for a deceased plaintiff does not apply to actions pending under the Wrongful Death Act, which substitutes parties through its own procedure. On the defense side, if a defendant dies and no estate has been opened, the court can likewise appoint a special representative to defend the case without opening an estate — but if a party chooses that route, recovery is limited to the proceeds of any liability insurance protecting the estate, though it does not bar the estate from later pursuing its own counterclaims. Either way, a motion to substitute generally must be filed within 90 days after the death is suggested of record, or the action may be dismissed as to the deceased party; where the surviving right belongs only to the remaining parties, the case does not abate at all, and the death is merely suggested of record.

Legal disability and changes in public office or trusteeship get more direct handling. If a party is declared under a legal disability, that fact is suggested of record and a representative, guardian ad litem, or next friend carries on the case. If a trustee or public officer stops holding the position, and that fact is suggested of record, the action proceeds in favor of or against the successor automatically.

Service requirements differ by category. New parties brought in under the general change-of-interest rule in subsection (a) must be served with process like any other party against whom relief is sought. Parties substituted for death, legal disability, or a change in trusteeship or public office do not need to be served, though the court can direct whatever notice it considers appropriate.