Legal Definitions - bill of revivor

A bill of revivor was a formal legal pleading, primarily used in courts of equity, to continue a lawsuit that had been interrupted or "abated" due to the death or incapacity of one of the original parties. Its purpose was to bring the legal successor (such as an executor, administrator, heir, or guardian) of the deceased or incapacitated party into the existing litigation, thereby allowing the case to proceed without starting anew. In modern legal systems, particularly in jurisdictions following the Federal Rules of Civil Procedure, the concept of a bill of revivor has largely been replaced by simpler motions for substitution of parties.

Here are some examples illustrating how a bill of revivor would have been used:

• Plaintiff Dies During Litigation: Imagine a situation where Ms. Eleanor Vance filed a lawsuit against a construction company for significant damages to her home caused by their negligence. During the discovery phase of the litigation, Ms. Vance unexpectedly passes away. Her estate, represented by her son, Mr. David Vance, as the executor, wishes to continue the lawsuit to recover the damages for the benefit of the estate. In a legal system where bills of revivor were still in use, Mr. Vance would file a bill of revivor to formally inform the court of his mother's death and his appointment as executor, requesting that he be substituted as the plaintiff in the ongoing case. This action would "revive" the suit, allowing it to continue from where it left off, rather than requiring a new lawsuit to be filed.

• Defendant Dies in a Contract Dispute: Consider a business dispute where a small technology startup, InnovateTech Inc., sued Mr. Robert Sterling for breach of a licensing agreement. Mr. Sterling, the defendant, was a key figure in the negotiations and held crucial information. Before the trial could begin, Mr. Sterling suffered a fatal accident. His widow, Mrs. Sarah Sterling, was appointed as the administrator of his estate. To continue the lawsuit against Mr. Sterling's estate to recover the alleged damages, InnovateTech Inc. would have historically filed a bill of revivor. This bill would formally bring Mrs. Sterling, in her capacity as administrator, into the lawsuit as the new defendant, ensuring that the legal claims against Mr. Sterling's obligations could be pursued against his estate.

• Party Becomes Incapacitated: Suppose Mr. Arthur Jenkins was a defendant in a complex patent infringement case. Midway through the proceedings, Mr. Jenkins suffered a severe stroke that left him permanently incapacitated and unable to participate in his defense or manage his legal affairs. His family successfully petitioned the court to appoint his daughter, Ms. Laura Jenkins, as his legal guardian. For the patent infringement case to proceed against Mr. Jenkins without interruption, the opposing party would have needed to file a bill of revivor. This bill would formally substitute Ms. Laura Jenkins, in her capacity as guardian, for her incapacitated father in the lawsuit, allowing the litigation to continue and ensuring Mr. Jenkins' interests were represented.