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Rule 25 – Substitution of Parties

May 14, 2021 | Civil Procedure, Ohio

(A) Death.

(1) If a party dies and the claim is not thereby extinguished, the court shall, upon motion, order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and shall be served on the parties as provided in Civ.R. 5 and upon persons not parties in the manner provided in Civ.R. 4 through Civ.R. 4.6 for the service of summons. Unless the motion for substitution is made not later than ninety 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) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
(B) Incompetency. If a party is adjudged incompetent, the court upon motion served as provided in division (A) of this rule shall allow the action to be continued by or against the party’s representative.
(C) Transfer of interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in division (A) of this rule.
(D) Public officers; death or separation from office.

(1) When a public officer is a party to an action in the public officer’s official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the public officer’s successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(2) When a public officer sues or is sued in the public officer’s official capacity, the public officer may be described as a party by official title rather than by name. The court however may require the addition of the public officer’s name.
(E) Suggestion of death or incompetency. Upon the death or incompetency of a party it shall be the duty of the attorney of record for that party to suggest such fact upon the record within fourteen days after the attorney acquires actual knowledge of the death or incompetency of that party. The suggestion of death or incompetency shall be served on all other parties as provided in Civ.R. 5.

Ohio. Civ.R. 25

Effective: July 1, 1970; July 1, 2015.

Proposed Staff Note (July 1, 2015 Amendment)

Rule 25(A) is amended by eliminating the reference to a requirement for service of a “notice of hearing” which is no longer required by Civ.R. 6(B).