Fed. R. Civ. P. 25

(a) DEATH.

(1) Substitution if the Claim Is Not Extinguished. If a party dies

and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be

made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service

of a statement noting the death, the action by or against the

decedent must be dismissed.

(2) Continuation Among the Remaining Parties. After a party’s

death, if the right sought to be enforced survives only to or

against the remaining parties, the action does not abate, but

proceeds in favor of or against the remaining parties. The

death should be noted on the record.

(3) Service. A motion to substitute, together with a notice of

hearing, must be served on the parties as provided in Rule 5

and on nonparties as provided in Rule 4. A statement noting

death must be served in the same manner. Service may be

made in any judicial district.

(b) I NCOMPETENCY. If a party becomes incompetent, the court

may, on motion, permit the action to be continued by or against

the party’s representative. The motion must be served as provided

in Rule 25(a)(3).

(c) TRANSFER OF INTEREST. If an interest is transferred, the action may be continued by or against the original party unless the

court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served

as provided in Rule 25(a)(3).

(d) PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while

the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted

party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 17, 1961, eff. July

19, 1961; Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987;

Apr. 30, 2007, eff. Dec. 1, 2007.)

TITLE V. DISCLOSURES AND DISCOVERY