Legal Definitions - revivor

A revivor is a formal legal procedure used to restart or continue a lawsuit or legal action that has been temporarily suspended or halted. This process becomes necessary when a significant event, such as the death of one of the parties involved or a major change in a party's legal status, has occurred, making it impossible for the case to proceed in its original form. A revivor updates the legal proceedings to reflect these new circumstances, allowing the case to resume.

Here are some examples illustrating the concept of a revivor:

• Example 1: Death of a Plaintiff

  Imagine a person, Mr. Henderson, files a personal injury lawsuit against a negligent driver. During the discovery phase of the lawsuit, Mr. Henderson unexpectedly passes away due to an unrelated illness. The lawsuit cannot simply continue with a deceased plaintiff. Mr. Henderson's estate, represented by his executor, would need to initiate a revivor proceeding. This legal step formally substitutes the estate as the new plaintiff in the lawsuit, allowing the case to continue and seek damages on behalf of Mr. Henderson's beneficiaries or for the estate's losses.

• Example 2: Corporate Merger of a Defendant

  Consider a scenario where a small business, "InnovateTech," is suing a larger corporation, "Global Solutions Inc.," for patent infringement. Before the trial begins, Global Solutions Inc. undergoes a major corporate restructuring and merges with another company, "Apex Dynamics," effectively ceasing to exist as a separate legal entity. The original lawsuit is now technically against a non-existent company. InnovateTech would need to file a revivor to formally substitute Apex Dynamics (the successor entity) as the defendant. This ensures the lawsuit continues against the correct legal entity now responsible for Global Solutions Inc.'s liabilities.

• Example 3: Inactivity Due to Bankruptcy

  Suppose a bank has a pending foreclosure lawsuit against a homeowner. The homeowner then files for bankruptcy, which automatically puts a hold on all collection actions, including the foreclosure lawsuit. Several years later, the bankruptcy proceedings conclude, and the homeowner's debts are reorganized or discharged, but the bank's mortgage lien on the property remains. To continue with the foreclosure process, the bank would need to file a revivor. This legal action formally reactivates the foreclosure lawsuit, bringing it back to the court's active docket so the bank can proceed with its claim against the property.