substitution of parties

substitution of parties
A change of parties by the substitution of a new plaintiff or defendant for the original plaintiff or defendant, accomplished by an amendment of the pleading and process as permitted by an order of court, such order being granted only where a new cause of action is not introduced by the amendment. 39 Am J1st Parties § 98. The revival of an action upon the death of a party by the personal representative, heir, or devisee. I Am J2d Abat & R §§ 120 et seq. A novation by the substitution of a new debtor for an old one. 39 Am J1st Nov § 13. A substitute defendent in the true sense of the term is one who takes the place of another defendant in the same suit or controversy, not one who is sued upon an entirely different cause of action. McCann v Bentley Stores Corp. (DC Mo) 34 F Supp 231.

Ballentine's law dictionary. . 1998.

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  • substitution of parties — A replacement of one of the parties in a lawsuit because of events that prevent the party from continuing with the trial. For example, substitution of parties may occur when one party dies or, in the case of a public official, when that public… …   Law dictionary

  • substitution of parties — In pleading, the replacement of one party to an action by another party because of death, incompetency, transfer of interest, or in case of a public official who is a party to an action, his death or separation from office. Fed.R.Civ.P. 17(a), 25 …   Black's law dictionary

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  • parties — The persons who take part in the performance of any act, or who are directly interested in any affair, contract, or conveyance, or who are actively concerned in the prosecution and defense of any legal proceeding. Green v. Bogue, 158 U.S. 478, 15 …   Black's law dictionary

  • Substitution (law) — In legal terms, the Right of Substitution is a statutory right of all parties except the State. It is the right to change the presiding court official with or without cause.Judges are usually given cases randomly within a jurisdiction (unless… …   Wikipedia

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  • novation — (1) The substitution of an existing debt with a newer debt. (2) An agreement to substitute an existing party to a contract with a new party. All of the original parties to the contract must agree to the substitution. American Banker Glossary… …   Financial and business terms

  • novation — Satisfaction and discharge of existing contractual obligations by means of their replacement by new obligations (whose effect, for example, is to replace gross with net payment obligations). The parties to the new obligations may be the same as… …   Euroclear glossary

  • Chicago Board of Trade v. Christie Grain — Supreme Court of the United States Argued April 20, 24–25, 1905 …   Wikipedia

  • substitute defendant — One who takes the place of another in the same suit or controversy and not one who is sued upon an entirely different cause of action. McCann v. Bentley Stores Corp., D.C.Mo., 34 F.Supp. 231, 233. See substitution of parties …   Black's law dictionary

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