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RAP 8 Death, substitution, and amendment of parties

Baldwin's Kentucky Revised Statutes AnnotatedRules of Appellate ProcedureEffective: January 1, 2023

Baldwin's Kentucky Revised Statutes Annotated
Rules of Appellate Procedure
Article III. General Provisions Applicable to Appeals
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 8
RAP 8 Death, substitution, and amendment of parties
(A) Death of a Party in a Civil Case.
(1) If a party in a civil case dies after a notice of appeal is filed or while a proceeding is otherwise pending in the appellate court, the personal representative of the deceased party may be substituted as a party on motion filed with the clerk of the appellate court by the representative or by any party. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall be had as the appellate court may direct.
(2) 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 notice of appeal is filed, substitution shall be effected in the appellate court in accordance with this paragraph.
(3) If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by the party's personal representative, or, if the party has no personal representative, by the party's attorney of record within the time prescribed by these rules. After the notice of appeal is filed, substitution shall be effected in the appellate court in accordance with this rule.
(4) Any statutorily required application to revive an action shall be filed in the trial court.
(B) Death of Defendant in a Criminal Appeal. No notice of appeal may be filed if the defendant in a criminal case has died. Upon notice of the defendant's death, the appeal shall be dismissed.
(C) Duty to Notify of Death of a Party. All parties, and counsel for parties, to an appeal have a duty to notify the court when a party to the appeal has died.
(D) Public Officer as Party. When a public officer is a party to an appeal or other proceeding in the officer's official capacity, the officer may be described as a party by official title rather than by name. The appellate court may, however, require the officer's name to be added.
(E) Public Officer's Death or Separation from Office. When a public officer is a party in the officer's official capacity to an appeal or other proceeding in the appellate court and 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 partiesl be disregarded. An order of substitution may be entered at any time, but the failure to enter such an order shall not affect the substitution.
(F) Substitution for Other Causes. If substitution of a party in the appellate court is necessary for any reason other than as set forth above, substitution shall be effected by motion filed in the appellate court in which the matter is then pending.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 8, KY ST RAP Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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