2.05.220 [Rule 20] Substitution of Parties

(a) Death of a Party

If a party to an appeal dies while the appeal is pending, the action shall not cease unless provided by law. The personal representative of the deceased may be substituted in his or her place, upon motion and supporting affidavit or any relevant document filed with the Appellate Court by the representative or by any party. The motion shall be served upon all parties to the appeal. If the deceased party has no representative, then any party may advise the Court of the death and proceedings shall then be had as the Appellate Court may direct.

(b) Substitution of a Party

If substitution of a party is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subsection (a) herein.

(1) When a public officer in his official capacity is a party to an appeal, and during its pendency he ceases to hold the office, the action shall not cease and his successor will be substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the rights of the parties shall be disregarded. An order of substitution may be entered at any time, but failure to enter such an order shall not affect the substitution.

(2) When a public officer in his official capacity is a party to an appeal, he may be described as a party by his official title rather than by name; but the Appellate Court may require his name be added.