§ 16-15-711 — Survival of actions - Substitution of parties

(a) If a party dies and the claim is not extinguished by the death, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with notice of hearing, shall be served on the parties by delivering or mailing a copy of the motion and notice to the parties and shall be served upon persons not parties in the manner provided for service of process. Unless the motion for substitution is made not later than ninety (90) days after the death is suggested in the case by service of a statement of the fact of the death as provided in this subsection (a) for the service of the motion, the action shall be dismissed as to the deceased party. (b) In the event of the death of one (1) or more of the plaintiffs or one (1) or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested in the case and the action shall proceed in favor or against the surviving parties.

Legislative History

Acts 1972, ch. 564, § 1; T.C.A., § 16-1136.