Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
	
                                                                                 
                          RULE 25                                                
                  SUBSTITUTION OF PARTIES                                        
                                                                                 
    (a) Death.                                                                   
    (1) Procedure. 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, together with the notice of              
hearing, shall be served on the parties as provided by rule 5 for service        
of notices, and upon persons not parties in the manner provided by statute       
or by rule for the service of a summons. If substitution is not made within      
the time authorized by law, the action may be dismissed as to the deceased       
party.                                                                           
    (2) Partial Abatement. 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 becomes incompetent, the court upon motion      
served as provided in section (a) of this rule may allow the action to be        
continued by or against his 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 section (a) of this rule.                    
    (d) Public Offices; Death or Separation From Office. (Reserved.)
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices