Rule 1-025.Substitution of parties

Last verified June 26, 2026

In one sentenceRule 1-025 governs substituting parties after a death, incompetency, transfer of interest, or a public officer leaving office, including the ninety-day deadline to substitute after a death is suggested.

Full Text of Rule 1-025

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. 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 1-005 NMRA and upon persons not parties in the manner provided in Rule 1-004 NMRA for the service of a summons. Unless the motion for substitution is made not later than ninety

(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 Paragraph A of this rule may allow the action to be continued by or against his 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 Paragraph A of this rule.

D. Public officers; death or separation from office.

(1) When a public officer is a party to an action in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of 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) When a public officer sues or is sued in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added.

End

Plain-English Summary

This rule keeps a case alive when a party changes. If a party dies and the claim survives, the court may order substitution of the proper parties on a motion by any party or by the deceased’s successors, served on parties under Rule 1-005 and on nonparties as a summons under Rule 1-004. If no substitution motion is made within ninety days after the death is suggested on the record, the action is dismissed as to the deceased. Where the surviving parties can carry the right alone, the death is noted on the record and the case proceeds.

The rule applies similar mechanics to a party who becomes incompetent and to a transfer of interest, where the case may continue with the original party unless the court orders the transferee substituted or joined. For public officers sued in their official capacity, a successor is automatically substituted on death, resignation, or leaving office; the case does not abate, and an officer may be named by title rather than personal name.

Frequently Asked Questions

What is the deadline to substitute a party after a death?

A motion for substitution must be made within ninety days after the death is suggested on the record, or the action is dismissed as to the deceased party.

What happens when a public officer who is a party leaves office?

The action does not abate; the successor is automatically substituted, and an order of substitution may be entered at any time.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-025 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: substitution of partiesdeath of a partysuggestion of deathtransfer of interestpublic officer substitution