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If the Plaintiff Dies. In a civil lawsuit, if the plaintiff dies, the beneficiaries and heirs to the plaintiff's estate inherit the lawsuit. The person named in the deceased person's will as his executor, or the person named by the court as administrator of the estate if there is no will, can continue the lawsuit on behalf of the deceased person.
Here is an example of a summons: Rule 7 of the Federal Rules of Civil Procedure requires that a lawsuit contain a complaint by the plaintiffâs attorney and an answer by the defendantâs attorney. See Johnson v. Reilly, 349 F.3d 1149, 1156 (9th Cir., 2003).). Under some statesâ rules, a civil lawsuit begins when the defendant is served with the summons and complaint. The complaint, which contains the plaintiffâs allegations against the defendant and the supporting factual basis for those allegations, is often accompanied by a summons.