§ FORM 33 PLAINTIFF'S MOTION FOR SUBSTITUTION--DECEASED PARTY DEFENDANT

Codes > Mississippi Rules of Civil Procedure > Chapter XI > Appendix A > FORM 33

FORM 33. PLAINTIFF'S MOTION FOR SUBSTITUTION--DECEASED PARTY DEFENDANT

    Plaintiff shows to the court that _______, the above-named defendant, died intestate (or testate) on or about the _______ day of _______, 19__; that letters of administration upon the estate of the said _______ were issued on the _______ day of _______, 19__, to _______ as administrator by the _______ Court of the State of Mississippi (or, that _______ was duly appointed executor of the last will of _______ by the _______ Court of the State of Mississippi and qualified as such executor on the _______ day of _______, 19__): and this is an action for [state briefly nature of action] and the claim of plaintiff was not extinguished by the death of defendant.

    Wherefore plaintiff moves the court for an order substituting _______, administrator (or, as the case may be, executor) of the estate of _______, deceased, as party defendant herein.

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