Motion to Substitute a Party

When the motion to substitute a party is used

Timing: when a party's status changes during the case. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 25 sets the procedure and timing for each situation; check the specific subsection that applies.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 25 online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to substitute a party in state court

This page covers the federal version. In state court, the motion to substitute a party may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Joinder of Parties (Required and Permissive): the rules for who must, and who may, join as parties in one lawsuit.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.