28 USC § 2404 - Death of defendant in damage action

---
identifier: "/us/usc/t28/s2404"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2404 - Death of defendant in damage action"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2404"
section_name: "Death of defendant in damage action"
chapter_number: 161
chapter_name: "UNITED STATES AS PARTY GENERALLY"
part_number: "VI"
part_name: "PARTICULAR PROCEEDINGS"
positive_law: true
currency: "119-73"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 971.)"
---


# § 2404. Death of defendant in damage action

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.

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**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 971.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 780a (, ).

Substitution of parties, see rule 25(a) of the Federal Rules of Civil Procedure.

Changes in phraseology were made.