507.100. Substitution of parties upon death, mental incapacity or transfer of interest.
Substitution of parties upon death, mental incapacity or transfer ofinterest.
507.100. 1. (1) If a party dies and the claim is notthereby extinguished, the court shall on motion ordersubstitution of the proper parties. The motion for substitutionmay be made by the successors or representatives of the deceasedparty or by any party and, together with the notice of thehearing, shall be served on the parties as provided in section506.100, RSMo, and upon persons not parties in the mannerprovided for the service of a summons.
(2) In the event of the death of one or more of theplaintiffs or of one or more of the defendants in an action inwhich the right sought to be enforced survives only to thesurviving plaintiffs or only against the surviving defendants,the action does not abate. The death shall be suggested upon therecord and the action shall proceed in favor of or against thesurviving parties.
(3) If the death occurs prior to final judgment or afterfinal judgment and before appeal and substitution or motiontherefor is not made within nine months after the first publishednotice of letters testamentary or of administration, the actionshall be dismissed as to the deceased party; if death occursafter appeal and before final determination thereof andsubstitution or motion therefor is not made in the appellatecourt where the appeal is pending within nine months after thefirst published notice of letters testamentary or ofadministration, the appeal shall be dismissed as to the deceasedparty.
2. If a party becomes mentally incapacitated, the court uponmotion served as provided in subsection 1 may allow the action tobe continued by or against his representative.
3. In case of any transfer of interest, the action may becontinued by or against the original party, unless the court uponmotion directs the person to whom the interest is transferred tobe substituted in the action or joined with the original party.Service of the motion shall be made as provided in subsection 1.
4. When a corporation has been sued and served with processor has appeared while in being, and is thereafter dissolved orits charter forfeited, the action shall not be affected therebyand any judgment obtained shall have the effect of a judgmentagainst the last board of directors, in a representativecapacity, although the members of the board were not joined inthe action.
5. When any public officer is a party to an action andduring its pendency dies, resigns, or otherwise ceases to holdoffice, the action may be continued and maintained by or againsthis successor upon motion made within one year. Before asubstitution is made, the party or officer to be affected, unlessexpressly assenting thereto, shall be given reasonable notice ofthe application therefor and accorded an opportunity to object.If no successor is otherwise appointed or elected, the court inwhich the action is pending may appoint a successor for theprosecution or defense of the action.
(L. 1943 p. 353 § 22, A.L. 1953 p. 313, A.L. 1957 p. 292, A.L. 1983 S.B. 44 & 45)