25.02 Incompetency

When someone involved in a lawsuit becomes legally incompetent, the case doesn't automatically stop. Instead, someone needs to file a motion asking the court to let the case move forward with a representative standing in for that person. This representative could be a guardian or someone else legally authorized to act on the incompetent person's behalf.

The motion has to be served on the other parties the same way it's done under Rule 25.01, which covers what happens when a party dies. This keeps the process consistent no matter why someone can no longer represent themselves in the case.

The judge has the final say on whether to allow this switch. If the court approves it, the lawsuit continues almost like normal, except now the representative is handling things for the person who can't do it themselves anymore. This rule exists so that a person's legal problems don't just get stuck or thrown out simply because they became unable to manage their own affairs.