Rule 27 - Substitution of Parties(a)Death of a Party. If a party to an appeal dies while the appeal is pending, the decedent's personal representative or any party may file a motion to substitute the personal representative for the party. A party's motion must be served on the personal representative in accordance with Rule 4(f). If the decedent has no personal representative, any party may inform the appellate court of the death and the appeal may proceed as the appellate court directs.(b)Substitution for Other Reasons. If a party's substitution is necessary for any reason other than death, a motion for substitution may be filed with the appellate court in which the appeal or other matter is pending.(c)Public Officers.(1)Identification of Party. A public officer who is a party to an appeal in an official capacity may be described as a party by an official title rather than by name. But the appellate court may require the addition of the officer's name.(2)Automatic Substitution of Public Officer. If a public officer is a party to an appeal in his or her official capacity and if the officer ceases to hold office during the pendency of the appeal, the appeal does not abate, and the officer's successor automatically substitutes as a party. Proceedings following the substitution are in the name of the substituted party, but the appellate court may disregard any misnomer that does not affect the substantial rights of the parties. The appellate court may enter an order of substitution of a public officer at any time, but failure to enter such an order does not affect the substitution.Ariz. R. Civi. app. proc. 27
Amended Oct. 2, 1998, effective 12/1/1998;9/2/2014, effective 1/1/2015.APPLICATION
<The Jan. 1, 2015 amendment is applicable to all appeals filed on or after Jan. 1, 2015, as well as all other appeals pending on that date, except when application would not be feasible or would work an injustice, so that the former rule will be applied.>
HISTORICAL NOTES
Source:
Code 1913, §§ 1251, 1252, 1273.
Rev.Code 1928, §§ 3662, 3685.
Code 1939, §§ 21-1704, 21-1835.
Rules Civ.Proc., former Rule 73(t).