Rule 43: Substitution of Parties
(a) Death of a Party.
(1) Before Notice of Appeal. If a party entitled to appeal dies before filing a Notice of Appeal, any person permitted by law to do so may file the Notice of Appeal within the time limit in Rule 4 (Filing of Appeal; Docketing; Copy of Board Decision).
(2) After Notice of Appeal. If a party dies after a Notice of Appeal is filed or while a proceeding is pending in the Court, the personal representative of the deceased party's estate or any other appropriate person may, to the extent permitted by law, be substituted as a party on motion by such person. Any party or representative who becomes aware of the appellant's death shall notify the Court of the death of an appellant and proceedings will then be as the Court directs.
(b) Substitution for Other Causes. If substitution of a party in the Court is necessary for any reason other than death, the Court may order substitution on its own initiative or on a party's motion.
(c) Death or Separation From Office of Public Officer. When a public officer is a party in an official capacity and during the proceedings dies, resigns, or otherwise ceases to hold office, the proceedings are not stopped and the public officer's successor is automatically substituted as a party. Proceedings following the substitution will be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties will be disregarded.Back