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Rule 38. Substitution of parties.

(a) Death of a party. If a partydies after a notice of appeal is filed or while a proceeding is otherwisepending in the court, the personal representative of the deceased party may besubstituted as a party on motion filed by the representative or by any party.The motion of a party shall be served upon the representative in accordancewith the provisions of Rule 21. If the deceased party has no representative,any party may suggest the death on the record and proceedings shall then be hadas the court may direct. If a party against whom an appeal may be taken diesafter entry of a judgment or order in the trial court or agency but before anotice of appeal is filed, an appellant may proceed as if death had notoccurred. After the notice of appeal is filed, substitution shall be effectedin accordance with this paragraph. If a party entitled to appeal dies beforefiling a notice of appeal, the notice of appeal may be filed by the deceasedparty's personal representative or, if there is no personal representative, bythe deceased party's attorney of record. After the notice of appeal is filed,substitution shall be effected in accordance with this paragraph.

(b) Incompetency. If a partybecomes incompetent, the court may allow the action to be maintained by oragainst the party?s representative upon good cause shown.

(c) Substitution for othercauses. If substitution of a party is appropriate for any other reason, thecourt may substitute the party upon good cause shown.

(d) Public officers; death orseparation from office.

(d)(1) When a public officer is aparty to an appeal or other proceeding in an official capacity and during itspendency dies, resigns or otherwise ceases to hold office, the action does notabate and the public officer's successor is automatically substituted as aparty. Proceedings following the substitution shall be in the name of thesubstituted party, but any misnomer not affecting the substantial rights of theparties shall be disregarded. An order of substitution may be entered at anytime, but the omission to enter such an order shall not affect thesubstitution.

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