Anderson v. Yungkau

Rule 25 (a) provides:

“If a party dies and the claim is not thereby extinguished, the court within 2 years after the death *487may order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party. . . .”

1 agree that the rule confers discretion to order substitution of parties, hence in appropriate circumstances to refuse to do so and thereupon to dismiss the action. But I do not think the discretion ends with the two-year period.1 The rule is not worded to require this and ascribing such a construction to it brings it into collision…