Alaska

Civil Procedure

Civil Procedure

Rule 25 – Substitution of Parties

(a)Death. If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons. Unless the motion for substitution is made not later than 90 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.
(b)Incompetency. If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule may 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 subdivision (a) of this rule.
(d)Public Officers – Death or Separation From Office.

(1) When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the 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 an official capacity, the officer may be described as a party by official title rather than by name; but the court may require the officer’s name to be added.

Alaska R. Civ. P. 25

Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 633 effective September 15, 1985; and by SCO 1153 effective July 15, 1994; and by SCO 1770 effective April 16, 2012.

Note: Chapter 115 SLA 00 adopts AS 32.06.906 relating to the merger of partnerships. This section is effective January 1, 2001. Under AS 32.06.906(a)(4), an action or proceeding pending against a partnership or limited partnership that is a party to a merger may be continued as if the merger had not occurred, or the surviving entity may be substituted as a party to the action or proceeding. According to section 9 of the act, this provision has the effect of amending Civil Rule 25(c) by allowing certain substitutions of parties as a matter of right.