Substitution-requirements-under-FRCP-25(a)

QUESTIONS PRESENTED When a party dies, Federal Rule of Civil Procedure 25(a) permits the party’s successor or representative to be substituted by motion “within 90 days after service of a statement noting the death.” Fed. R. Civ. P. 25(a)(1). Both a motion to substitute and the statement noting death “must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4.” Id. R. 25(a)(3) (emphasis added). The Courts of Appeals are currently divided on the answers to the following questions: 1. Must a statement noting death under Rule 25(a)(1) identify the decedent’s successor or representative? 2. Must a statement noting death be served on the decedent’s successor or representative to trigger Rule 25(a)(1)’s 90-day substitution period? i