Sometimes during a personal injury case, it is found out that one party needs to be changed out for another party. Idaho Civil Rule 25 describes situations in which one party can be substituted in place of another. Usually, death extinguishes a claim, but the court can order a substitution of the proper party instead. A proper party can be the decedent’s successor or a representative party. However, this motion must be made within a reasonable time or the action may be dismissed.
Another possible reason to substitute a party is if one party becomes incompetent. This would allow a representative of the incompetent party to possibly be substituted in their place in order for their claims to not be lost.
The last major reason a party may be substituted is if the interest that brought about a claim is transferred to a different party.
Idaho Civil Rule 25: Substitution of Parties
- Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative party. If the motion is not made within a reasonable time, the action by or against the decedent may be dismissed.
- Continuation among the remaining parties. After a party’s death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.
- A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4. A statement noting death must be served in the same manner. Service may be made in any judicial district.
- If a party becomes incompetent, the court may, on motion, permit the action to be continued by or against the party’s representative. The motion must be served as provided in Rule 25(a)(3).
- Transfer of interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in Rule 25(a)(3).
- Public officers; Death or separation from office. An action does not abate when a public officer who is a party in an official capacity dies, resigns or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party.
- Substitution at any stage.Substitution of parties under the provisions of this rule may be made by the trial court either before or after judgment or by the Supreme Court pending appeal.
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Never feel like you need to take on your personal injury case alone. If you’ve been injured in an accident, let the experienced and knowledgeable personal injury attorneys of Brent Gordon Law Firm handle your case. We will deal with the insurance companies, medical bills, lost wages, and property damages resulting from a personal injury accident. Our law firm believes every client deserves fair representation. We are also willing to fight for every penny you deserve. Call us now at (208) 232-7274 for a free consultation.
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