Fed. R. Civ. P. 25 – Paul Mollica's Federal Courts Blog

Surviving Family Members Who Do Not Represent a Decedent Party’s Estate Need Not Be Served with A Suggestion of Death Under Fed. R. Civ. P. 25(a), Eleventh Circuit Holds

In Silas v. Sheriff of Broward Cnty., Fla., No. 21-13946 (11th Cir. Dec. 14, 2022), the Eleventh Circuit holds that a defendant’s survivors who do not formally represent the decedent’s estate are not “nonparties” for purposes of Fed. R. Civ. P. 25(a)(3), and thus suggestion of death need not be served on them to triggerContinue reading “Surviving Family Members Who Do Not Represent a Decedent Party’s Estate Need Not Be Served with A Suggestion of Death Under Fed. R. Civ. P. 25(a), Eleventh Circuit Holds”