Del. Ct. Com. Pl. Civ. R. 25

(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, and may be served in any county. 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.

(b) Incompetency. If a party becomes incompetent, the Court upon motion served as provided in

paragraph (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 a 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 paragraph (a) of this rule.

(d) Public officers; death or separation from office.

(1) When an officer of the State of Delaware, a county, city or other governmental agency 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) When an officer of the State of Delaware, a county, city or other governmental agency sues or is

sued in an official capacity, the officer may be described as a party by an official title rather than by

name; but the Court may require that the officer’s name be added.