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Motion substitution 2026

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  1. Click ‘Get Form’ to open the Motion for Substitution in the editor.
  2. Begin by filling in the caption section with your name and role in the action. This identifies you as the party making the motion.
  3. In the next section, indicate whether the previous party has died or become incapacitated by selecting the appropriate option.
  4. Provide the date of death or incapacity in the designated field to establish a timeline for the court.
  5. Identify yourself or your successors as lawful representatives of the deceased or incapacitated party by filling in their names.
  6. Request that the court substitute you or your successors in place of the previous party by completing that section clearly.
  7. Sign and date the form, including your bar registration number, address, telephone, facsimile number, and email address for contact purposes.
  8. Complete the Notice of Hearing section with relevant details about when and where your motion will be heard.
  9. Finally, certify mailing by filling out that section to confirm all parties have been notified about this motion.

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Related links

Rule 25. Substitution of Parties - Law.Cornell.Edu

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.Read more

Learn more
28 USC App Fed R Civ P Rule 25: Substitution of Parties

A motion for substitution may be made by any party or by the decedents successor or representative. If the motion is not made within 90 days after service of aRead more

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