Rule 41 - Substitution of parties(a)Death of a party. If a party dies after an appeal is filed, the personal representative of the deceased party may be substituted as a party on motion that complies with Rule 38 filed by the representative or by any party with the Clerk. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 37. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Intermediate Court or the Supreme Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the lower tribunal, but before an appeal is docketed, a petitioner may proceed as if death had not occurred. If the appeal is docketed, substitution shall be effected in accordance with this subdivision. If a party entitled to appeal shall die before an appeal is docketed, the notice of appeal and petitioner's brief may be filed and presented as if death had not occurred by the party's personal representative, or, if there is no personal representative, by the party's attorney of record within the time prescribed by these rules. After the notice of appeal is filed, substitution shall be effected in accordance with this subdivision.(b)Substitution for other causes. If substitution of a party in the Intermediate Court or the Supreme 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. When a public officer is a party to an appeal or other proceeding in the Intermediate Court or the Supreme Court in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the public officer's 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. When a public officer is a party to an appeal or other proceeding in an official capacity, that party may be described as a party by official title rather than by name, but the Court may require that the name be added.Amended June 15, 2022, effective 7/1/2022.