Del. Ch. Ct. R. 25 (2026)

Rule 25(a)(3). (d) Public Officers; Death or Separation from Office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The Court may

order substitution at any time, but the absence of such an order does not affect the substitution. History. Amended, effective Sept. 25, 2023.

TITLE V. DEPOSITIONS AND DISCOVERY