Motion substitution 2025

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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 is a motion for substitution of plaintiff?

The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons, and may be served

What is a motion for substitution of judge?

Then, depending on each states laws, any party in a civil case, and any defendant in a juvenile or criminal case, may be able to file a substitution in order to avoid the assigned judge and require random reassignment to another.

What is an order of substitution?

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 decedents successor or representative.

What does motion to substitute mean?

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.

What does motion to substitute party mean?

The Motion to Substitute Party Plaintiff is frequently a maneuver by the Plaintiff law firm to sneakily back out of an incorrect filing, where the wrong party was named as the Plaintiff at the outset of the action.