§ 9-11-25. Substitution of Parties

1. Death.
   1. If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representative of the deceased party and, together with the notice of the hearing, shall be served on the parties as provided in Code Section 9-11-5 and upon persons not parties in the manner provided in Code Section 9-11-4 for the service of a summons. 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 the death, the action shall be dismissed as to the deceased party.
   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.
2. Incompetency.    If a party becomes incompetent, the court, upon motion served as provided in subsection (a) of this Code section, may allow the action to be continued by or against his representative.
3. 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 subsection (a) of this Code section.
4. Public officers; death or separation from office.
   1. When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate, and his 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 of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
   2. When a public officer brings or defends an action in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added.

History. Ga. L. 1966, p. 609, § 25.

Cross references.

Time for appeal by representative of party who dies after trial, § 5-6-16 .

Authority of court to allow successor to public office to appear, plead, or otherwise proceed with action against previous holder of office, § 45-1-2.

Actions on bonds of public officers generally, § 45-4-25.

Manner, effect, etc., of vacating public offices generally, T. 45, C. 5.

Survival of actions against joint administrators or executors, § 53-7-43.

Substitution of new administrator in actions pending for or against removed executor or administrator, § 53-7-44.

U.S. Code.

For provisions of Federal Rules of Civil Procedure, Rule 25, see 28 U.S.C.

Law reviews.

For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982).

For annual survey of appellate practice and procedure, see 56 Mercer L. Rev. 61 (2004).