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Legal Definitions - substitution of parties

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Definition of substitution of parties

Definition:Substitution of parties is when one party in a lawsuit is replaced by another party due to certain events that prevent the original party from continuing with the trial. These events can include death, incompetence, transfer of interest, or removal of a public official from their official capacity.

For example, if a person is involved in a lawsuit but passes away before the trial is over, their legal representative or estate executor may be substituted as the party in the lawsuit. Another example is if a public official who is a party in a lawsuit is removed from their position, a new official may be substituted as the party.

The purpose of substitution of parties is to ensure that there is always someone to represent the interests of the original party during the continuation of the litigation.

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Simple Definition

Substitution of parties is when someone in a lawsuit can't continue with the trial, so they are replaced by someone else. This can happen if the person dies, is unable to participate, or if they transfer their interest to someone else. If a public official is involved, they may be replaced if they are removed from their position. In the United States, there are rules that explain how this process works in federal courts. The purpose of substitution of parties is to make sure that someone can represent the transferred interest during the rest of the lawsuit.

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