§25.4 Comparison with Federal Rule

• Jurisdiction: Washington

§25.4 COMPARISON WITH FEDERAL RULE

The language of CR 25 is substantially identical to that of Fed. R. Civ. P. 25, with three exceptions, discussed below.

(1)Substitution if a party dies

FED. R. CIV. P. 25(a)(1) states that unless a party or the decedent's successor or representative files a motion for substitution within 90 days after service of a statement noting the death, the court "must" dismiss the action by or against the deceased party. By contrast, CR 25(a)(1) states that if the successors or representatives of the deceased party or any party fails to move for substitution within "the time authorized by law," the court "may" dismiss the action as to the deceased party.

Because the state rule, unlike the federal rule, grants discretion to Washington courts to dismiss for failure to obtain substitution within the time authorized by law, federal cases are of limited value as precedent in interpreting the Washington rule. See, e.g., Petrarca v. Halligan, 83 Wn.2d 773, 776, 522P.2d827 (1974) (emphasizing court's...