1 Michigan Civil Procedure Litigation Manual § 2.202-1

Summary

Rule 2.202 provides for the substitution of parties in the event of death, transfer of interest, or succession of officers. The incapacitation of a party during litigation is governed by MCR 2.201(E)(4). In general, an action does not terminate simply because the original parties to the action are no longer in a capacity to litigate the action. Rule 2.202 allows the action to continue by the representative of the original party or the successor in interest. The Rule does not address the actions that are extinguished by the death or succession of one of the parties; this is governed by the applicable substantive law.

Under subrule (D), the substitution of parties may occur at any stage of the litigation or an appeal to the Court of Appeals or the Michigan Supreme Court. Substitution at any stage must occur under the procedure set forth in MCR 2.202. If the substitution is ordered, the court may require a bond or additional security to be given by the replacement party.