§ Rule 25 Substitution of parties

Codes > Idaho Code > Idaho Court > Idaho Rules > Rule 25

Rule 25. Substitution of parties

    (a)(1) Substitution of Parties--Death. 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 the successors or representatives of the deceased party or by any 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. If substitution is not made within a reasonable time, the action may be dismissed as to the deceased party.

        (2) Death of Coparty--Effect. 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.

    (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.

    (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. When a public officer in an official capacity is a party to an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action shall be continued and maintained by or against the officer's successor.

    (e) Substitution at any Stage. Substitution of parties under the provisions of this rule may be made by the trial court either before or after judgment or, pending an appeal, by the Supreme Court.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.