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What is Motion for Substitution of Parties? A motion made to have someone replace the existing party. For example, if the plaintiff dies, his executor may file such a motion to be substituted in the decedent's place as the plaintiff in the case.

The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.

Rule 25 - Substitution of Parties (a) DEATH. (1)Substitution If the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative.

Any court, or a judge when the court is not in session, upon motion, may cite in a new party or parties to any action pending before the court or judge, and may include in such citation an order for any proper prejudgment remedy or hearing for a prejudgment remedy. (1949 Rev., S. 7826; P.A. 81-410, S.

Primary tabs. A general appearance is made when a party first comes into court and appears in the case. The party may come for any reason that recognizes the authority of the court.

Make copies and file the original Appearance form with the clerk's Office. Make a copy of the signed form for your own records and file the original with the Clerk's Office in the court where the case is filed. Make copies to send to the other parties in the case. Responsive Pleadings: Motions, Requests and Answer.

To upload documents: Locate the documents on your computer by using the ?Browse? button; Select the type of document you are uploading then select ?upload?; Your documents will be electronically sent to DSS. Note: please upload each type of document separately.

Enter an appearance is a term which simply means you intend to defend the case. When a person has been served with a summons, the first step to defending the summons is to enter an appearance. It is up to the individual to decide whether they want to defend the case.

The appearance tells the court that the defendant intends to have the court hear the matter for which the plaintiff has filed the complaint. The appearance form also tells the court if you are representing yourself, or whether you have hired an attorney to represent you.