Rule 2.202.Substitution of Parties

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.202 explains how a Michigan lawsuit continues when a party dies, transfers their interest, or a public officer who is a party leaves office, and sets a 91-day deadline for asking the court to substitute a new party after a death.

Full Text of Rule 2.202

Text sizeJump to: (A) (B) (C) (D)

(A) Death.

(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.

(a) A motion for substitution may be made by a party, or by the successor or representative of the deceased party.

(b) Unless a motion for substitution is made within 91 days after filing and service of a statement of the fact of the death, the action must be dismissed as to the deceased party, unless the party seeking substitution shows that there would be no prejudice to any other party from allowing later substitution.

(c) Service of the statement or motion must be made on the parties as provided in MCR 2.107, and on persons not parties as provided in MCR 2.105.

(2) If one or more of the plaintiffs or one or more of the defendants in an action dies, and the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. A party or attorney who learns that a party has died must promptly file a notice of the death.

(B) Transfer or Change of Interest. If there is a change or transfer of interest, the action may be continued by or against the original party in his or her original capacity, unless the court, on motion supported by affidavit, directs that the person to whom the interest is transferred be substituted for or joined with the original party, or directs that the original party be made a party in another capacity. Notice must be given as provided in subrule (A)(1)(c).

(C) Public Officers; Death or Separation From Office. When an officer of the class described in MCR 2.201(C)(5) is a party to an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against the officer's successor without a formal order of substitution.

(D) Substitution at Any Stage. Substitution of parties under this rule may be ordered by the court either before or after judgment or by the Court of Appeals or Supreme Court pending appeal. If substitution is ordered, the court may require additional security to be given.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

When a party dies and the claim survives, the court can substitute the proper party in their place. A motion for substitution can come from any party or from the deceased party's successor or representative, but it generally has to be filed within 91 days after the fact of death is filed and served on the record, or the action is dismissed as to that party — unless the party seeking substitution shows the delay won't prejudice anyone else. If only some plaintiffs or defendants die and the case can still go forward for or against the survivors, the action doesn't stall; whoever learns of the death still has to file prompt notice of it.

A transfer or change of interest works differently: the case continues in the original party's name unless the court, on a motion backed by affidavit, orders the new interest-holder substituted in or joined. When a public officer who is a party leaves office, resigns, or dies, that officer's successor steps into the case automatically, with no motion or formal order required. Substitution under this rule can happen at any point in the litigation, even on appeal, and the court can require additional security from a newly substituted party.

Frequently Asked Questions

What happens if a party dies during a lawsuit?

If the claim survives the death, the court can substitute the deceased party's successor or representative, but a motion for substitution must generally be filed within 91 days after the death is noted and served on the record.

What if no one moves to substitute within 91 days?

The action is dismissed as to the deceased party, unless the party seeking substitution shows that the delay won't prejudice anyone else.

Does a lawsuit against a government officer end when that officer leaves office?

No. The officer's successor is substituted automatically, without any motion or formal court order.

Can parties be substituted after judgment or during an appeal?

Yes. Substitution can be ordered at any stage of the case, including while an appeal is pending before the Court of Appeals or the Supreme Court.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.202). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: substitution of parties Michiganparty dies during lawsuit Michigan91 day substitution deadline