Rule 34 Substitution of Parties.
Rule Text
(a) Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the Supreme 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 Supreme Court. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Supreme Court may direct. If an appellee dies after entry of judgment or order in the Superior Court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed, substitution shall be effected in the Supreme Court in accordance with this paragraph. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by the personal representative, or, if there is no personal representative, by the attorney of record within the time prescribed by these Rules. After the notice of appeal is filed, substitution shall be effected in the Supreme Court in accordance with this paragraph.
(b) Substitution for Other Causes. If substitution of a party in the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in paragraph (a) of this Rule 34, and by order of the Supreme Court.
(c) Public Officers; Death or Separation from Office.
(1) When a public officer who is a party to an appeal or other proceeding in the Supreme Court in his or her official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his or her 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 or her official capacity, he or she may be described as a party by his or her official title rather than by name; but the Supreme Court may require his or her name to be added.