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The document outlines the procedure for filing a Motion for Substitution in cases where a party has died or become incapacitated, as per K.S.A. 60-268. It includes a template for the motion, details on the necessary notifications and certifications, and references relevant Kansas statutes governing the substitution of parties. The document emphasizes that timely filing is crucial to avoid dismissal of the action and clarifies that substitution is mandatory in cases of death but permissive in cases of incapacity or transfer of interest.

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What does substituted mean in law?

Substitution means to put one person or thing in the place of another.

What is a motion for substitution?

What is Motion for Substitution of Parties? A motion made to have someone replace the existing party. For example, if the plaintiff dies, his executor may file such a motion to be substituted in the decedents place as the plaintiff in the case.

Why would someone substitute an attorney?

During any stage, if a client disagrees or is dissatisfied with how their case is being managed, they have the right to substitute their attorney. This right is accompanied by a process which needs to be followed for the successful substitution of attorney.

What is an example of substitution in law?

For example, a substitution of parties takes place when a new party is named to take the place of a party who has died or is otherwise unable to continue as a party. Or, one attorney might substitute into a case to replace the attorney of record if, for example, the client fired the first attorney.

What does sub in mean in legal terms?

SUB Definition Legal Meaning Lat. Under; upon.

What does motion mean in court?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

What is a motion to substitute?

If a lawsuit is pending and a client wants to change attorneys then they have to file a motion to substitute counsel. If the old attorney and the new attorney agree that the client needs a new attorney then both of the attorneys can file this motion together.

What is the rule 25 substitution?

Rule 25-Substitution of Parties. (a) Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.

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