Rule 105 Substitution of Parties During a Lawsuit

Parties may be substituted in a lawsuit in the following situations:

a. When a party has died during a lawsuit, and when the claim survives the party's death, upon a motion filed by any party or by the successor or representative of the deceased party, provided that the motion must be filed within ninety (90) days after a notice of the death has been filed with the court; and if no motion is made within that time, the deceased party may be dismissed from the lawsuit. [ARCP 25(a)]

b. When a defendant has died after a personal injury lawsuit has been filed, the death will not automatically end the lawsuit, but a personal representative, a successor, or a nominee may be substituted for the deceased defendant upon motion of any party or interested person. [ARCP 25(b)]

c. When a party becomes incompetent during a lawsuit, by motion and as provided in Rule 105(a) by using the word “incompetency” rather than “death” and “incompetent” rather than “deceased.” [ARCP 25(c)]

d. When there has been a transfer of interest during a lawsuit, the lawsuit may continue by or against the original party, but upon a party's motion the judge may order the person to whom the interest has been transferred to be substituted, or to be named in addition to the original party. [ARCP 25(d)]

e. When a public officer in an official capacity dies while the lawsuit is pending, or resigns, or ceases to hold office, the officer's successor is automatically substituted as a party, unless the judge upon motion orders otherwise. [ARCP 25(e)]