§ CR 25.01 Death

Codes > Kentucky Rules of Civil Procedure > IV Parties > CR 25 > CR 25.01

CR 25.01 Death

    (1) If a party dies during the pendency of an action and the claim is not thereby extinguished, the court, within the period allowed by law, may order substitution of the proper parties. If substitution is not so made the action may be dismissed as to the deceased party. 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 as provided in Rule 4 for the service of summons. Upon becoming aware of a party's death, the attorney(s) of record for that party, as soon as practicable, shall file a notice of such death on the record and serve a copy of such notice in the same manner provided herein for service of the motion for substitution.

    (2) In the event of the death of one or more of the plaintiffs or 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. In the event the right of action does not survive to or against the remaining parties, the court may render judgment as between them if it can do so without prejudice to others. In either case the death shall be noted of record and the action shall proceed in favor of or against the surviving parties.