1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 UNITED STATES DISTRICT COURT

9 ________________ DISTRICT OF _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) SUBSTITUTION OF ___________ AS
13 vs. ) PLAINTIFF; MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF __________;
14 Any Defendant, ) EXHIBITS
)
DATE: TIME:
15 Defendant. )
DEPT:
)
16 )
)
17 )
)
18 )

19

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23 address.
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To view over 300 sample legal documents for California and
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- 1 -
NOTICE OF MOTION AND MOTION FOR SUBSTITITION OF PLAINTIFF
 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 TO: DEFENDANT ____________ AND THEIR ATTORNEY OF RECORD HEREIN:
5
PLEASE TAKE NOTICE that on _________________, at _______.m. or as soon thereafter
6
as the matter may be heard, in Department ________ of the above-entitled court, located at
7

8
_________________________________________, ______________________will and hereby

9 does move this Court, pursuant to Federal Rule of Civil Procedure 25(a)(1) for an order allowing the

10 action to be continued by _________, individually; as Trustee; or as the executor

11
for______________s estate. The motion will be made on the ground that ______, the plaintiff in the
12
above-entitled action, has died and on the ground that _______ is the proper party as either the sole
13
trustee of the ________ Trust, the sole beneficiary and distributee of the trust, or as the personal
14

15 representative of __________s estate.

16 This motion is based upon this notice, the attached memorandum of points and authorities, the
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declaration of __________ and Exhibits attached thereto, concurrently filed and served herewith, and
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upon such oral and documentary evidence as may be presented to the Court at the time of the hearing.
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Dated________________ _______________________________________________
22 ANY ATTORNEY OR PARTY
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Be sure to check your local rules to determine if there are any
24

25 special requirements for filing a motion for substitution of plaintiff

26
under Rule 25(a)(1) of the Federal Rules of Civil Procedure.
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NOTICE OF MOTION AND MOTION FOR SUBSTITITION OF PLAINTIFF
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
PRELIMINARY STATEMENT
4

5 Plaintiff, _____________ (Plaintiff) hereby submits their memorandum of points and

6
authorities in support of this motion seeking an order, pursuant to Federal Rule of Civil Procedure
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25(a)(1) for an order allowing the action to be continued by _________, individually; as Trustee; or
8

9
as the executor for______________s estate. The motion will be made on the ground that ______,

10 the plaintiff in the above-entitled action, has died and on the ground that _______ is the proper party

11 as either the sole trustee of the ________ Trust, the sole beneficiary and distributee of the trust, or as
12
the personal representative of __________s estate.
13

14
To purchase the entire 12 page document visit:
15
https://legaldocspro.myshopify.com/products/sample-motion-for-
16

17 substitution-of-plaintiff-in-united-states-district-court
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NOTICE OF MOTION AND MOTION FOR SUBSTITITION OF PLAINTIFF