Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 25 governs what happens to a case when a party dies, becomes incompetent, transfers their interest, or (for a public officer) leaves office — providing for substitution of the proper party so the action can continue.
(1)Substitution if the Claim is not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within a reasonable time after service of a statement noting the death, the action by or against the decedent may 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 the death must be served in the same manner.
(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 action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action 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 action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
Plain-English Summary
Lawsuits often outlast the people and circumstances that started them. Rule 25 keeps a case alive by substituting the right party.
On a party's death, if the claim survives, the court may order the proper party (often the estate's representative) substituted. A motion may be made by any party or the decedent's successor, but it must come within a reasonable time after a statement noting the death is served — otherwise the action by or against the decedent may be dismissed. If the surviving right runs only among the remaining parties, the case simply continues. The rule similarly handles a party's incompetency, a transfer of interest (the case may continue in the original party's name unless the court orders substitution), and public officers who leave office, whose successors are automatically substituted.
Frequently Asked Questions
What happens if a party dies during a lawsuit?
If the claim survives the death, the court may order the proper party substituted. A motion must be made within a reasonable time after a statement noting the death is served, or the action may be dismissed.
Do I have to substitute when a party transfers their interest?
Not necessarily. The action may continue by or against the original party unless the court, on motion, orders the transferee substituted or joined.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as:substitution of partiessuggestion of deathdeath of a party