Rule 25.Substitution of Parties

Subdivision (a) handles a party’s death. If the underlying claim survives the party, the court may order substitution of the proper parties, on motion by any party or by the deceased’s successors or representatives, served the way papers are served under § 15-6-5 and, on non-parties, the way a summons is served under § 15-6-4. Once the death is suggested on the record through service of a statement to that effect, the motion for substitution must follow within ninety days or the action is dismissed as to the deceased party. When the right at issue survives only to the remaining plaintiffs or defendants, none of this is necessary — the death need only be suggested on the record, and the case proceeds without abating.

Subdivision (b) covers a party who becomes incompetent: the court, on a motion served the same way, may let the action continue by or against that party’s guardian, conservator, or guardian ad litem. Subdivision (c) addresses a transfer of interest during the case — the action may continue by or against the original party unless the court, on motion served the same way, orders the transferee substituted in or joined.

Subdivision (d) deals with a public officer, or an officer of a private corporation sued in that official capacity, who dies, resigns, or otherwise leaves office during the case. The action does not abate; the successor is automatically substituted, proceedings continue in the substituted party’s name, and any misnomer that does not affect substantial rights is disregarded — an order of substitution helps but is not required for the substitution to take effect. Such an officer may be sued or described by title rather than name, though the court can require the name to be added. Subdivision (e) lets a successor in interest in real property revive and enforce a judgment for possession, by motion within one year of the judgment holder’s death, or afterward by supplemental complaint.