Section 4.11 Substitution of Parties—Dismissal

• Library: Civil Trial Practice 2015 Supp

5. (§4.11) Substitution of Parties—Dismissal

Rule 52.13 governs substitution of parties because of death, incompetence, transfer of interest, dissolution of corporation, or a public officer’s death or separation from public office.

Under Rule 52.13(a)(1), the court can order substitution of a deceased party upon a motion by any party or by the successor or representative of the deceased party. If a motion is not served within 90 days after a “suggestion of death” is filed, the action is to be dismissed as...