Farmers Insurance Group v. District Court of Second Judicial District

In this original proceeding, we issued a rule to show cause why a motion to dismiss a deceased defendant as a party in a tort claim action was not granted, and why the respondent court, on the other hand, granted the plaintiffs motion to substitute the deceased defendants administratrix as a party defendant. The motion to dismiss as to the deceased defendant was grounded on the plaintiffs failure to move for substitution of parties within 90 days of the service of notification of death upon the plaintiffs attorneys. C.R.C.P. 25(a)(1) requires that: "If the motion for substitution is not made within 90 days after such service, the action shall be dismissed as to the deceased party." We make the rule absolute.