Rules of Appellate Procedure

(Applicable to Civil Cases)

Rules of Appellate Procedure Appellate Procedure Rule 30: Substitution of parties

Effective Date: 07/01/1979
Updates: Amended May 15, 1979, effective July 1, 1979

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(a) Death of a party

If a party dies after a notice of appeal is filed in the lower court or while a proceeding is pending in the appellate court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the clerk of the appropriate court. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 13. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the appellate court or a single justice may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the lower court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the appeal is docketed, substitution shall be effected in the appellate court in accordance with this subdivision. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by his personal representative, or, if he has no personal representative, by his attorney of record within the time prescribed by these rules. After the appeal is docketed, substitution shall be effected in the appellate court in accordance with this subdivision.

(b) Substitution for other causes

If substitution of a party in the appellate court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subdivision (a).

(c) Public officers; death or separation from office

(1) When a public officer is a party to an appeal or other proceeding in an appellate court in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

(2) When a public officer is a party to an appeal or other proceeding in his official capacity he may be described as a party by his official title rather than by name; but the court may require his name to be added.

Reporter's notes

(1979) Rule 29 is changed only in that paragraph (b) of Rule 29, governing dismissal of an appeal in the appellate court, now provides for notification of the clerk of the lower court by the clerk of the appellate court whenever an appeal in a criminal case is dismissed in the appellate court.

(1973) Appellate Rule 29, based on F.R.A.P. 42, is a housekeeping measure regulating voluntary dismissal of appeals and the settlement of cases. Appellate Rule 29(c) is designed to ensure that the court is kept informed of any out-of-court disposition.

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Updates: Amended May 15, 1979, effective July 1, 1979

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