EFFECT OF DEATH OF PARTY IN A CIVIL ACTION

ACTIONS WHICH DO NOT SURVIVE *

NON-CONTRACTUAL MONEY CLAIMS **

DEATH

CONTRACTUAL MONEY CLAIMS

LEGEND

* SUPPORT, ANNULMENT OF MARRIAGE, LEGAL SEPARATION

** REPLEVIN, FORCIBLE ENTRY, UNLAWFUL DETAINER, ACCION PUBLICIANA, ACCION REINVIDICATORIA,

FORECLOSURE OF MORTGAGE (SECTION 7, RULE 86) RECOVERY OF PROPERTY OR INTEREST THEREIN,
TORTS [CULPA AQUILIANA] (SECTION 1, RULE 87)

DISMISSED

SUBSTITUTION

PLAINTIFF DIES

DEFENDANT DIES

SUBSTITUTION

BEFORE ENTRY OF FINAL JUDGMENT

AFTER ENTRY OF JUDGMENT, BUT BEFORE EXECUTION

AFTER LEVY ON EXECUTION, BUT BEFORE AUCTION SALE

FILE THE JUDGMENT AS A CLAIM AGAINST THE ESTATE of the deceased (Section 5, Rule 86)

- Allow to continue until entry of final judgment (Section 20, Rule 3)

- FILE THE JUDGMENT AS A CLAIM AGAINST THE ESTATE of the deceased (Section 5, Rule 86)

PUBLIC AUCTION SHALL PROCEED AS SCHEDULE (Section 7[c], Rule 39)

ACTIONS WHICH SURVIVES