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KENTUCKY
RULES OF CIVIL PROCEDURE CR 25.01 DEATH (1) If a party dies during the pendency of an action and the claim is not thereby extinguished, the court, within the period allowed by law, may order substitution of the proper parties. If substitution is not so made the action may be dismissed as to the deceased party. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and, together with the notice of hearing, shall be served on the parties as provided in Rule 5, and upon persons not parties as provided in Rule 4 for the service of summons. (2) In the event of the death of one or more of the plaintiffs or 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. In the event the right of action does not survive to or against the remaining parties, the court may render judgment as between them if it can do so without prejudice to others. In either case the death shall be noted of record and the action shall proceed in favor of or against the surviving parties. [Adopted eff. 7-1-53] CR 25.02 INCOMPETENCY If a party becomes incompetent, the court upon motion served as provided in Rule 25.01 may allow the action to be continued by or against his representative. [Adopted eff. 7-1-53] CR 25.03 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 Rule 25.01. [Adopted eff. 7-1-53] CR 25.04 PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE When an officer of the state, a county, city, or other governmental agency is a party to an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successor. Substitution may be made upon written motion of the successor or any party. [Amended eff. 1-1-78; adopted eff. 7-1-53]
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