OH · rules
Ohio Civ.R. 25
Substitution of Parties
(A) Death
(1) If a party dies and the claim is not thereby extinguished, the court shall, upon
motion, 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 Civ.R. 5 and upon persons not
parties in the manner provided in Civ.R. 4 through Civ.R. 4.6 for the service of
summons. Unless the motion for substitution is made not later than ninety 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 a ction 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 is adjudged incompetent, the court upon motion served as provided in division
(A) of this rule shall 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 division (A) of this rule.
(D) Public officers; death or separation from office
(1) When a public officer is a party to an action in the public officer’s official capacity
and during its pendency dies, resigns, or otherwise ceases to hold office, the action
does not abate and the public 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 a public officer sues or is sued in the public officer’s official capacity, the
public officer may be described as a party by official title rather than by name. The
court however may require the addition of the public officer’s name.
(E) Suggestion of death or incompetency
Upon the death or incompetency of a party it shall be the duty of the attorney of record for
that party to suggest such fact upon the record within fourteen days after the attorney
acquires actual knowledge of the death or incompetency of that party. The suggestion of
death or incompetency shall be served on all other parties as provided in Civ.R. 5.
History
Effective Date: July 1, 1970 Amended: July 1, 2015 Staff Note (July 1, 2015 Amendment) Rule 25(A) is amended by eliminating the reference to a requirement for service of a "notice of hearing" which is no longer required by Civ.R. 6(B).
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
f91e5674baba6b259d78e688b9420b72e1c5744690575fba71810b727f3deac1
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