Rule 3:17. Substitution of Parties

(a) Substitution of a successor. — If a person becomes incapable of prosecuting or defending because of death, disability, conviction of felony, removal from office, or other cause, a successor in interest may be substituted as a party in such person's place.

(b) Motion, Consent, Procedure . — Substitution may be made on motion of the successor or of any party to the suit. If the successor does not make or consent to the motion, the party making the motion may file the motion and a proposed amended pleading effecting the substitution in the clerk's office and serve a copy of the motion and the proposed amended pleading upon the party to be substituted in the manner prescribed by the Code of Virginia for serving original process upon such party. Unless the movant and the party to be substituted agree otherwise, or the court orders a different schedule, the party sought to be substituted must file a written response to the motion for substitution within 21 days after service of the motion and proposed amended pleading upon the party sought to be substituted.

(c) Public Officers; Death or Separation from Office . ‒‒ An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name. Any misnomer not affecting the parties' substantial rights will be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.

Committee Notes

Last amended by Order dated June 18, 2025; effective July 1, 2025.