Death or demise of a party
Chapter 6 – Parties to proceedings
Section 3 – Death, demise or insolvency of a party
Rule 310 – Death or demise of a party
- If a party dies or ceases to exist during proceedings, the proceedings shall be stayed until such party is replaced by his successor. The Court may specify a period in this respect.
- If there are more than two parties to the proceedings, the Court may decide that
- proceedings between the remaining parties be continued separately; and
- the stay shall only concern the proceedings regarding the party that no longer exists.
- If the successor of the party that died or ceased to exist does not continue the proceedings of his own motion, within a period specified by the Court, any other party may apply to have the successor added to or substituted for a party.
- The Court shall decide who shall be added or substituted as a party pursuant to Rule 305 and 306 shall apply mutatis mutandis.
Relation with Agreement:
Relation with Statute:
Linking to this rule: