M.R. Civ. P. 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 shall be served on the parties as provided in Rule 5 or, if the

motion is filed through electronic filing as defined in Rule 2 of the Maine Rules

of Electronic Court Systems, as provided in Rule 36 of the of the Maine Rules of

Electronic Court Systems, and upon persons not parties in the manner provided

in Rule 4 for the service of a summons. 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 subdivision (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 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) Public Officers; Death or Separation From Office.

(1) When a public officer 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) 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.