Rule 38. Substitution of parties.

(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 court, the personal representative of the deceased party may be substituted 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 accordance with 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 had as the court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the trial court or agency 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 accordance with this paragraph. If a party entitled to appeal dies before filing a notice of appeal, the notice of appeal may be filed by the deceased party's personal representative or, if there is no personal representative, by the 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 party becomes incompetent, the court may allow the action to be maintained by or against the party’s representative upon good cause shown.

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

(d) Public officers; death or separation from office.

(d)(1) When a public officer is a party to an appeal or other proceeding 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. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

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