(a) Death. (1) If a party dies and the case is not thereby extinguished, the court may on motion order substitution of the proper parties where appropriate. The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 of these rules and upon persons not parties in the manner provided in Rule 4 of these rules for the service of process. Unless the motion for substitution is made not later than 120 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 action shall be dismissed as to the deceased party. (2) If a party to any action or motion relating to any action dies, and if it appears that the action is thereby extinguished, the surviving party shall suggest the death of the party and also move that the action is thereby extinguished and should be dismissed, and shall serve such suggestion and motion on all parties, including the personal representative of and the attorney of record for the deceased party, if any, and on any children of the deceased party, known to the suggesting party, in the manner provided for service in these rules. Unless objections are filed within 30 days after the last date of service of said suggestion and motion, an order dismissing the action without prejudice, to be prepared by the attorney for the surviving party, shall be entered. Where objections to the dismissal of such action are filed within said 30-day period or any extension granted by the court, the court shall hear said objections after notice to all persons who have appeared in the action and the attorney of record for the deceased party, determine whether or not the case should be dismissed, and enter an appropriate order. (3) If a petitioner in a pending adoption action dies, the court may enter an adoption decree upon motion of the surviving petitioner or the spouse of such deceased petitioner and if the court deems the adoption to be in the best interests of the child concerned. (b) Incompetency. If a party becomes incompetent, the court upon motion served as provided in Rule 5 of these rules and upon persons not parties in the manner provided in Rule 4 of these rules for the service of process may allow the action to be continued by or against the representative of that party.(c) and (d). Reserved.
Haw. Fam. Ct. R. 25
Amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.
