While a case is still pending, how can a third party who has taken over the right or obligation in dispute be brought into the case in a party's place?
General information · Not legal advice
Material to check
In the practice material for this exercise we read the pleadings showing the case is still pending before the court, the papers showing the succession itself such as a transfer contract or inheritance documents, the application a party files asking for takeover, and the court's written ruling deciding it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's conditions together: while the litigation is still pending before the court, where a third party has succeeded to all or part of the right or obligation that is the object of the litigation, the court may, on a party's application, order that third party to take over the proceedings.
Another reading stresses that the order rests on a party's application and the court's discretion, and that when the court makes the decision it must hear the parties and the third party, so the application alone does not settle the matter.
Your judgment
Where a third party has taken over only part of the right or obligation in dispute, what in the file shows which part that was?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or what counts as succession to the right or obligation in dispute, or if a court decision explains how a partial succession should be proved.