Ind. Trial Rule 25

Effective January 1, 2001

(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 the court, 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 summons. Motion for substitution may be made

before or after judgment, and if substitution is not reflected in the papers upon which the

appeal is based, any party shall, by notice filed with the Clerk of the court on appeal, advise

the court on appeal of the substitution of any party. However, if the case is returned to a

lower court after the judgment or order upon appeal becomes final, the motion may then be

made in such lower court.

(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 may

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 his representative in the same

manner as against a decedent party.

(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) Persons substituted on death--Personal representative or

successors in interest.

The proper party or parties to be substituted for the party who dies under subsection (1) of

subdivision (A) of this rule includes:

(1) a successor in interest whose rights or obligations do not pass to the representative of

the deceased party’s estate; or

(2) if the interest passes to or binds the representative of the deceased party’s estate,

either such representative or, if it is established that the estate of the deceased party is

closed or that opening of such estate is unnecessary, the successor of such estate.

(E) Necessity of filing claims against estate when representative

substituted--Proceedings to enforce judgment, execution and judgment

liens.

A claim based upon a judgment against a party who dies before or after judgment is entered

shall be allowed by the court administering his estate even though the claim is not filed with

such court if the representative of such estate is substituted as a party within the time when

such claim or judgment could have been filed as a claim against the estate under the probate

code. Judgments upon an action against a party who dies, whether entered before or after

his death shall be satisfied from the assets of his estate by the decedent’s representative, and

no execution, proceedings supplemental or enforcement orders shall issue on the judgment

after the party has died as against his property; but this provision shall not prevent enforcement of execution liens, judgment liens, liens acquired by judicial proceedings, security

interests, mortgages, liens or interests in property acquired before his death and being

enforced by or under the judgment, subject to any rights of the representative to redeem or

stay enforcement as now provided by law.

(F) Public Officers; Death or Separation from Office.

(1) When a public officer is a party to an action or other proceeding 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 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) A public officer who sues or is sued in an official capacity may be described as a party by

the officer’s official title rather than by name; but the court may require the officer’s name to

be added.

V. Depositions and Discovery Scope of Rules—

One Form of Action