Rule 25.Substitution of Parties
Last verified July 2, 2026
Full Text of Rule 25
Advisory Commission Comments
Plain-English Summary
Rule 25.01 addresses the death of a party. If the claim survives the party's death, the court may substitute the proper parties on motion by any party or by the deceased party's own successors or representatives, served on the parties under Rule 5 and on any nonparties under Rule 4's process-service procedure. That motion has to be filed within 90 days after the death is suggested on the record through service of a statement of the fact of death, or the action is dismissed as to the deceased party. When multiple plaintiffs or defendants are involved and the right being enforced survives only as to the parties who remain, the action does not abate at all — the death is suggested on the record and the case continues in favor of or against the surviving parties.
Rule 25.02 lets the court, on motion, allow an action to proceed by or against a party's representative once that party becomes incompetent during the case. Rule 25.03 addresses what happens when an interest in the litigation is transferred to someone else while the case is pending: the action can proceed in the name of the original party unless the court, on motion, orders the transferee substituted in or joined alongside the original party.
Rule 25.04 handles a distinct situation involving public officers. When a state, county, or city officer is sued in an official capacity and dies, resigns, or otherwise leaves office while the case is pending, the action does not abate, and the officer's successor is automatically substituted — no motion or order is required to make the substitution effective, though an order may be entered at any time to formalize it. A public officer who sues or is sued in an official capacity may also be identified by title rather than by name, though the court can require the officer's actual name to be added.
Frequently Asked Questions
What happens if I do not move to substitute a party within 90 days of their death?
Rule 25.01 requires the motion for substitution to be filed within 90 days after the death is suggested on the record. If no motion is filed in that window, the action is dismissed as to the deceased party.
Does a lawsuit end automatically when one of several plaintiffs or defendants dies?
No, so long as the right being enforced survives as to the remaining parties. Rule 25.01 provides that the action does not abate; the death is suggested on the record and the case proceeds in favor of or against the surviving parties.
Does a case against a government official end when that official leaves office?
No. Rule 25.04 automatically substitutes the officer's successor when a public officer sued in an official capacity dies, resigns, or otherwise leaves office, and the action continues without abating.
Advisory Commission Comments.
25.01: Prior law, whether common law or statute, (Tenn. Code Ann. §§ 20-5-101 - 20-5-120), governing survival of actions after death of a party is not changed by this rule. Rule 25.01 allows substitution of the proper parties upon motion and notice. Rule 25.01 provides that suit will be dismissed unless a motion for substitution of party is made not later than 90 days after the death is suggested upon the record.
25.02: Rule 25.02 covers those cases in which a party, competent at the beginning of an action, later becomes incompetent. In such cases, the rule empowers the court, on motion, to allow the action to proceed by or against the incompetent's representative.
25.04: When a public officer sues or is sued in his or her official capacity, the real party in interest is normally the governmental institution or agency which the officer represents. Rule 25.04 recognizes this fact and provides for automatic substitution of a successor officer in case of the death, resignation or other vacation of office by the named officer. To avoid the whole problem, the Rule also allows the suit to be brought against a public officer in an official capacity by describing the officer by official title rather than by name.