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Rule25. Substitution of parties.


(a)(1) If a party dies and theclaim is not thereby extinguished, the court may order substitution of theproper parties. The motion for substitution may be made by any party or by thesuccessors or representatives of the deceased party. The moving party shallserve the motion and any notice of hearing on the parties as provided inRule5 and upon persons not parties inthe manner provided in Rule 4 for the service of a summons.Unless the motion for substitution is made not later than ninety days after thedeath is suggested upon the record by service of a statement of the fact of thedeath as provided herein for the service of the motion, the action shall bedismissed as to the deceased party.

(a)(2) In the event of the deathof one or more of the plaintiffs or of one or more of the defendants in an actionin which the right sought to be enforced survives only to the survivingplaintiffs or only against the surviving defendants, the action does not abate.The death shall be suggested upon the record and the action shall proceed infavor of or against the surviving parties.

(b)Incompetency. If a party becomes incompetent,the court upon motion served as provided in Subdivision (a) of this rule mayallow the action to be continued by or against his representative.

(c)Transfer of interest. In case of any transfer ofinterest, the action may be continued by or against the original party, unlessthe court upon motion directs the person to whom the interest is transferred tobe substituted in the action or joined with the original party. Service of themotion shall be made as provided in Subdivision (a) of this rule.

(d)Public officers; death or separation from office.When a public officer is a party to an action and during its pendency dies,resigns, or otherwise ceases to hold office, the action may be continued andmaintained by or against his successor, if within 6 months after the successortakes office, it is satisfactorily shown to the court that there is asubstantial need for so continuing and maintaining it. Substitution pursuant tothis rule may be made when it is shown by supplemental pleading that thesuccessor of an officer adopts or continues or threatens to adopt or continuethe action of his predecessor. Before a substitution is made, the party orofficer to be affected, unless expressly assenting thereto, shall be givenreasonable notice of the application therefor and accorded an opportunity toobject.