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Substitution in case of Death of a Party [Rule 3, Sec. 16], STEP 1 -…
Substitution in case of Death of a Party
[Rule 3, Sec. 16]
STEP 1 - PENDING OR NOT
Determine if the action is still pending
Action is still
pending
STEP 2 - ACTION SURVIVES OR NOT
Determine W/N the action survives
ACTION DOES NOT SURVIVE
Primary Injury
- Injury to Person
Incidental
- Property or Property Rights
Action is
extinguished
ACTION SURVIVES
Primary Injury
- Property or Property Rights
Incidental
- Injury to Person
Action is
not extinguished
STEP 3 - NOTICE
Notice must be given by the deceased's counsel to the court.
When
- Within 30 days from fact of death, not knowledge thereof
Counsel
complied
STEP 4 - COURT ORDER
The court will order the representative to appear within 30 days from notice
Substitutes allowed:
Legal Heirs
Administrator
Executor
Guardian
No legal representative appeared
No legal representative is named
or
The legal representative named failed to appear within the specified period
Procure appointment of Executor/Administrator
The court may order the opposing party to procure the appointment of an executor or administrator for the estate of the deceased.
Said executor/administrator must immediately appear for and on behalf of the deceased.
2 more items...
Legal representative appeared
Order of Substitution
The court will issue an Order of Substitution.
Counsel
failed to comply
Ground for disciplinary action
Final and executory judgment
has already been rendered
File a Motion for Execution
[Rule 39, Sec. 7]