W.R.C.P.Ch.C. 25

(a) Death.

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

claim is not extinguished, the chancery 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.

(b) Incompetency. If a party becomes incompetent, the chancery 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 chancery 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.

(1) 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.

(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

chancery court may require the officer’s name to be added.

(e) Substitution at any stage. Substitution of parties under the provisions of

this rule may be made, either before or after judgment, by the chancery court

then having jurisdiction.