2.03.2009

Your Honor, I'd Like to File a "Suggestion of Death"

Some things just aren't as good as their names imply. Wonderbread, Titicaca, The Grand Tetons, just to name a few. Still, the names are worth it.

A "Suggestion of Death," follows rather than encourages. Before the substitution of a party can occur (Fed. R. Civ. P 25 for you wonks out there), someone - usually counsel - must enter a statement on the record affirming the party's death. The filing doesn't make it so; rather, it suggests that the court notice the fact on the record.

Where was this in my CivPro class?

1 comment:

purfuitofhappineff said...

I have an image in my mind of a Monty Python piece.

John Cleese files the motion

Michael Palin sits up in the coffin: "I object, your honor"

Overruled.

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