Rule 25 - Substitution of Parties(a) Death. (1) If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party. The motion for substitution may be made 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 in any judicial district. Unless the motion for substitution is made not later than 180 days after the death is suggested upon the record by service of a statement of the fact of death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party. COMMENTS:
Adopts HRCP Rule 25(a)(1). The addition of the last sentence of HRCP Rule 25(a)(1), which is not presently in DCRCP Rule 20(a)(1) is favored by this committee as a measure to reduce the number of old pending cases which the District Courts must carry on their calendars.
(2) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties. COMMENTS:
Not changed.
(b) Incompetency. If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule shall allow the action to be continued by or against the incompetent party's representative, guardian or guardian ad litem. COMMENTS:
Adopts HRCP Rule 25(b) with changes to gender neutral language.
(c) Transfer of interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule. COMMENTS:
Not changed.
(d) Public officers; death or separation from office. (1) When a public officer is a party to an action in the officer's official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order or substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. COMMENTS:
Adopts HRCP Rule 25(d) with changes to gender neutral language.
(2) When a public officer sues or is sued in the officer's official capacity, the officer may be described as a party by the officer's official title rather than by name; but the court may require the officer's name to be added. Haw. Dis. Ct. R. Civ. P. 25
COMMENTS:
Adopts HRCP Rule 25(d) with changes to gender neutral language.