Rule 25.Substitution of parties

Group IV: Parties · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 25 explains how a lawsuit continues when a party dies, becomes incompetent, transfers their interest, or is a public officer who leaves office.

Full Text of Rule 25

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Death. —

(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 90 days after service of a statement noting the death, the action by or against the decedent must 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 death must be served in the same manner. Service may be made in any judicial district.

(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. —

(1) 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.

(2) A public officer who sues or is sued in an official capacity may be described as a party by the officer’s official title rather than by name; but the court may require the officer’s name to be added.

(e) Substitution at any stage. — Substitution of parties under the provisions of this rule may be made, either before or after judgment, by the court then having jurisdiction.

End

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

A lawsuit does not necessarily end just because something happens to one of the parties. When a party dies and the underlying claim survives that death, the court can substitute the proper person — the decedent’s successor or representative — to carry the case forward. But that substitution has to happen within 90 days of a statement noting the death being served on the record, or the case against the deceased party gets dismissed. If the claim only survives for or against the parties who are still alive, the case proceeds among them without any formal substitution — the death is noted on the record and the litigation moves on.

The rule covers other changes in status too. If a party becomes incompetent, the court can allow the case to continue through that party’s representative. If an interest in the lawsuit changes hands — say, through a sale or assignment — the case can keep going in the original party’s name unless the court orders the new owner substituted in or added. And when a public officer sued in an official capacity dies, resigns, or otherwise leaves office, the successor steps into the case automatically, with no need for a formal motion; the officer can even be identified by title rather than by name. All of these substitutions can happen before or after judgment, at whatever stage the court has jurisdiction over the case.

Frequently Asked Questions

What happens if no one moves to substitute a party within 90 days of a death?

If a motion for substitution is not made within 90 days after a statement noting the death is served, the action by or against the deceased party must be dismissed.

Who can file a motion to substitute a deceased party?

Any party to the case, or the decedent's successor or representative, may file the motion. It must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4.

Does a case end automatically when a party dies?

Not necessarily. If the claim survives the death, the case can continue with a substituted party. If the right at issue survives only among the remaining parties, the case proceeds without needing a substitution — the death is noted on the record and nothing more is required.

What happens when a public officer sued in an official capacity leaves office?

The officer's successor is automatically substituted as a party, with no motion required. Later proceedings use the successor's name, though any misnomer that doesn't affect substantial rights is disregarded.

Can a case continue if a party sells or transfers their interest in it?

Yes. The action may continue in the name of the original party unless the court, on motion, orders the person who received the interest to be substituted in or joined with the original party.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

Also known as: substitution of parties after deathparty dies during lawsuitincompetent party substitutiontransfer of interest during litigationpublic officer successor substitution