Sample motion for substitution of Plaintiff in United States District Court
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This sample motion for the substitution of a Plaintiff in United States District Court is filed under Federal Rule of Civil Procedure 25(a)(1) on the grounds that the Plaintiff has died and that a specified person is the proper party as either the executor or administrator of the decedent's estate, the sole trustee of the decedent's Trust, the sole beneficiary and distributee of the trust, or as the personal representative of the decedent's estate. The sample motion is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.