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Monday, November 10, 2008

Ind. Decisions - 7th Circuit ruling interprets Rule 25(a) of the Federal Rules of Civil Procedure

In an Illinois case, Atkins v. City of Chicago, the opinion by Judge Posner begins:

This appeal from the dismissal of a civil rights suit under 42 U.S.C. ยง 1983 requires us to interpret Rule 25(a) of the Federal Rules of Civil Procedure, which governs the substitution of a party who has died. The rule was revised last year, after the district court proceedings relating to this appeal, so our references will be to the unamended rule. The committee note states that the changes made by the amended rule are only stylistic.

Posted by Marcia Oddi on November 10, 2008 12:01 PM
Posted to Ind. (7th Cir.) Decisions