Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2404 Death of Defendant in Damage Action
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 161 — UNITED STATES AS PARTY GENERALLY › § 2404
Summary
Damages suits involving the U.S. survive a defendant's death and bind the defendant's estate and other defendants.
Full Legal Text
Title 28, §2404
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
A civil action for damages commenced by or on behalf of the United States or in which it is interested shall not abate on the death of a defendant but shall survive and be enforceable against his estate as well as against surviving defendants.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 780a (June 16, 1933, ch. 103, 48 Stat. 311). Substitution of parties, see rule 25(a) of the Federal Rules of Civil Procedure. Changes in phraseology were made.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2404
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102