Rule 310

Death or demise of a party

Rules of Procedure

Part 5 – General provisions

Chapter 6 – Parties to proceedings

Section 3 – Death, demise or insolvency of a party


Rule 310 – Death or demise of a party
  1. 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.
  2. If there are more than two parties to the proceedings, the Court may decide that
    1. proceedings between the remaining parties be continued separately; and
    2. the stay shall only concern the proceedings regarding the party that no longer exists.
  3. 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.
  4. The Court shall decide who shall be added or substituted as a party pursuant to Rule 305 and 306 shall apply mutatis mutandis.

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Relation with Agreement:

Relation with Statute:

Linking to this rule:

Rule 295 – Stay of proceedings