GDW asked in Politics & GovernmentLaw & Ethics · 1 decade ago

LEGAL help!! What does: SUGGESTION OF DEATH mean?

I need to know what SUGGESTION OF DEATH means in legal terms such as: SUGGESTION OF DEATH FILED WITH CERTIFICATE OF SERVICE John Doe(Attorney) on behalf of Jane Doe (Plaintiff). PLEASE let me know ASAP, thank you!

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  • 1 decade ago
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    Check with an attorney; it can have many different meanings different places. I have seen it filed when a party to a lawsuit has died--oftentimes, to get a new party replaced (such as the decedent's "estate") you simply file a piece of paper with the court letting the court know the party has died. Sometimes this is called a "suggestion of death." Then, the party can ask the court to amend the parties and pleadings to let a new person who may (or may not) stand in the shoes of the dead person move forward.

    If this is in federal court, see Federal Rule of Civil Procedure 25:

    (a) Death.

    (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons, and may be served in any judicial district. Unless the motion for substitution is made not later than 90 days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party.

    (Note the reference to "not later than 90 days after the death is suggested upon the record..." Note from the rule that if one side says that a party has died, and no one moves to amend the pleadings within 90 days after the suggestion of death is filed, the action "shall be dismissed as to the deceased party" which means that the claim or defense related to the dead guy will be dismissed because the guy is dead.) If this is the case in whatever case you've got, be careful not to lose a claim because the person is dead. CONTACT AN ATTORNEY.

    http://www.law.cornell.edu/rules/frcp/Rule25.htm

    Talk to your attorney about this.

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  • 1 decade ago

    I don't know the answer, but I do know how to find the answer by asking a real lawyer. You can to. Any time I have a legal question or concern I just call up my lawyer. It feels good to be able to say that! And it only costs me $17 a month in my state (yours could be more or less).

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  • 1 decade ago

    I am not familiar with the term, but would think it would be some paperwork indicating that someone has died, like an obituary or funeral program, but does not rise to the level of a certified copy of a state-issued death certificate.

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  • 1 decade ago

    Nor being a legal person I tried to find this.

    http://homepage.ntlworld.com/jksonc/docs/schneider...

    Has one but I'm not sure what it is saying maybe you can.

    No where could I find the phrase in the legal definitions.

    Don't know if above will help but it was interesting looking.

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  • Anonymous
    1 decade ago

    It is called affidavit of death, and is use to solve legal matters of someone who died already.

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  • 1 decade ago

    ask a freind;that's what I'd do.

    good luck!

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  • Anonymous
    1 decade ago

    They think you should consider killing your self!

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