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Massachusetts District/Municipal Courts Appellate Division Appeals Rule 30: Substitution of Parties

[Disclaimer]

(a) Death of a Party. If a party dies after a notice of appeal is filed in the trial court or while a proceeding is pending in the Appellate Division, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the clerk. The motion of party shall be served upon the representative in accordance with the provisions of Rule 13. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Appellate Division may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the trial court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the appeal has been transmitted to the Appellate Division substitution shall be effected in the Appellate Division in accordance with this subdivision. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by his or her personal representative, or, if he or she has no personal representative, by his or her attorney of record within the time prescribed by these rules. After the appeal has been transmitted to the Appellate Division, substitution shall be effected in the Appellate Division in accordance with this subdivision.

(b) Substitution for Other Causes. If substitution of a party in the Appellate Division 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.

(1) When a public officer is a party to an appeal or other proceeding in the Appellate Division in his or her official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the 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.

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

Effective July 1, 1994.

Commentary: This rule is virtually identical to Mass. R.A.P. 30. All references to "court" and "appellate court" have been changed to "Appellate Division" and all references to "lower court" have been changed to "trial court."