Rule 17. Parties on Appeal
Effective January 1, 2001
A. Trial Court or Administrative Agency Parties.
A party of record in the trial court or Administrative Agency shall be a party on appeal. The Attorney General represents the state in all Criminal Appeals.
B. Death or Incompetence of Party.
The death or incompetence of any or all the parties on appeal shall not cause the appeal to abate. The death of the appellant abates a criminal appeal. Successor parties may be substituted for the deceased or incompetent parties.
C. Substitution Of Parties.
(1) Automatic Substitution for Public Officers in Official Capacities. When a public officer who is sued in an official capacity dies, resigns or otherwise no longer holds public office, the officer's successor is automatically substituted as a party.
(2) Substitution of Parties. A party shall, by notice filed with the Clerk, advise the Court of the succession in office of any party. The failure of any party to file a notice shall not affect the party’s substantive rights.