MBE Rules · Civil Procedure
Substitution of Parties
FRCP 25
The rule
On a party's death, a suggestion of death starts a 90-day window to move for substitution of the successor or the claim is dismissed; substitution also covers incompetency, transfer of interest, and officer turnover.
In plain English
When a party in a lawsuit dies, the remaining parties must file a suggestion of death, which triggers a 90-day period to substitute the deceased party with their successor. If no substitution is made within that time frame, the case may be dismissed. This rule also applies in cases of incompetency, transfer of interest, or changes in corporate officers.
Worked example
In a personal injury lawsuit, Plaintiff A passes away. Defendant B files a suggestion of death with the court, but Plaintiff A's family fails to move for substitution within the 90-day window. As a result, the court dismisses the case due to the lack of timely substitution.
Memory hook
No substitution, no case – act within 90 days of death!
The trap
Exams may present scenarios where students overlook the 90-day deadline or confuse it with other procedural timelines, leading to incorrect conclusions about the status of the case.
How examiners test it
Questions often involve a fact pattern where a party dies, and candidates must identify the implications of failing to substitute within the specified time frame.
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