Del. R. Sup. Ct. 31

As amended through September 30, 2024
Rule 31 - Substitution of parties
(a)Suggestion of death by personal representative. -When a party dies, a personal representative of the party may suggest the death upon the record and shall file evidence of the representative capacity and a designation of counsel.
(b)Suggestion of death by party in interest other than personal representative. -When a party dies and a personal representative of the party shall not, within 60 days after such death, appear under paragraph (a), any other party in interest may suggest such death upon the record and shall file evidence of the appointment of a personal representative. Thereupon, without notice, the Court shall enter an order that such personal representative appear and designate counsel. In default of such appearance, the adverse party may cause a certified copy of the order to be served on the personal representative. If the personal representative is a nonresident, service shall be made by certified mail. Within 30 days thereafter, on proof of such service, the adverse party without further notice may request an order either to revive the cause and direct that it proceed as to the interest of the deceased party, or to dismiss the cause as to such interest, as may appear proper.
(c)Disposition of cause by Court of its own motion. -If the death of a party is brought to the attention of the Court, and proceedings are not taken under paragraph (a) or paragraph (b), the Court, sua sponte, may direct such steps to be taken as are proper to dispose of the case or expedite the proceeding.

Del. R. Sup. Ct. 31