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Rule 2-241 – Substitution of Parties

May 13, 2021 | Civil Prodcedure, Maryland

(a) Substitution. The proper person may be substituted for a party who:

(1) dies, if the action survives,
(2) becomes incompetent,
(3) transfers an interest in the action, whether voluntarily or involuntarily,
(4) if a corporation, dissolves, forfeits its charter, merges, or consolidates,
(5) if a public officer, ceases to hold office, or
(6) if a guardian, personal representative, receiver, or trustee, resigns, is removed, or dies.
(b) Procedure. Any party to the action, any other person affected by the action, the successors or representatives of the party, or the court may file a notice in the action substituting the proper person as a party. The notice shall set forth the reasons for the substitution and, in the case of death, the decedent’s representatives, domicile, and date and place of death if known. The notice shall be served on all parties in accordance with Rule 1-321 and on the substituted party in the manner provided by Rule 2-121, unless the substituted party has previously submitted to the jurisdiction of the court.
(c) Objection. Within 15 days after the service of the notice of substitution, a motion to strike the substitution may be filed.
(d) Failure to Substitute. If substitution is not made as provided in this Rule, the court may dismiss the action, continue the trial or hearing, or take such other action as justice may require.

Md. R. Civ. P. Cir. Ct. 2-241

This Rule is derived as follows:

Section (a) is derived in part from former Rules 220, 222, and 240 and the 1963 version of Fed. R. Civ. P. 25(a), (b), (c), and (d) and is in part new.

Section (b) is derived from former Rule 220 c, d and e.

Section (c) is new.

Section (d) is derived from former Rule 220 f.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; April 5, 2005, eff. July 1, 2005.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2005 Orders

The April 5, 2005, order inserted subsec. (a)(6), relating to guardians, personal representatives, receivers, and trustees; and amended the source note.