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§ RULE 25. SUBSTITUTION OF PARTIES

Codes > Rules of Civil Procedure for the Nevada District Courts > IV. Parties > RULE 25.

RULE 25. SUBSTITUTION OF PARTIES

(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 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons. Unless the motion for substitution is made not later than 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.

As amended, eff. March 16, 1964.

ADVISORY COMMITTEE'S NOTE

In 1953, the phrase “and may be served in any judicial district” was deleted from the end of subsec. (1) of the federal rule, a technical amendment. The 1964 amendment, following the 1963 federal rule amendment, eliminates the mandatory 2-year period for substitution for a deceased party.

(b) Incompetency. If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against the party's representative.

As amended, eff. Jan. 1, 2005.

(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 subdivision (a) of this rule.

(d) Public Officers; Death or Separation From Office.

(1) When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in 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) 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.

As amended, eff. Jan. 1, 2005.

ADVISORY COMMITTEE'S NOTE

The 1964 amendment, effective March 16, 1964, adopts verbatim the 1961 amendment to the federal rule. The effect is to provide automatic substitution for a deceased public officer and to provide that a public officer may be sued by his official title.