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7.1. Parties Who Are Not Public Officers
(a) Death of a Party.
(1) Civil Cases. If a party to a civil case dies
after the trial court renders judgment but
before the case has been finally disposed
of on appeal, the appeal may be
perfected, and the appellate court will
proceed to adjudicate the appeal as if all
parties were alive. The appellate court's
judgment will have the same force and
effect as if rendered when all parties
were living. The decedent party's name
may be used on all papers.
(2) Criminal Cases. If the appellant in a
criminal case dies after an appeal is
perfected but before the appellate court
issues the mandate, the appeal will be
permanently abated.
(b) Substitution for Other Reasons. If
substitution of a party in the appellate court is
necessary for a reason other than death, the
appellate court may order substitution on
any party's motion at any time.
7.2. Public Officers
(a) Automatic Substitution of Officer. When a
public officer is a party in an official capacity
to an appeal or original proceeding, and if
that person ceases to hold office before the
appeal or original proceeding is finally
disposed of, the public officer’s successor is
automatically substituted as a party if
appropriate.
Proceedings
following
substitution are to be in the name of the
substituted party, but any misnomer that does
not affect the substantial rights of the parties
may be disregarded. Substitution may be
ordered at any time, but failure to order
substitution of the successor does not affect
the substitution.
(b) Abatement. If the case is an original
proceeding under Rule 52, the court must
abate the proceeding to allow the successor to
reconsider the original party's decision. In all
other cases, the suit will not abate, and the
successor will be bound by the appellate
court's judgment or order as if the successor
were the original party.