Rule 12-301. Parties and substitution.

A. Death of a party. If a party dies after notice of appeal is filed or while a proceeding is otherwise pending, the personal representative of the deceased party may be substituted as a party on motion filed in the appellate court by the representative or by any party. The motion of a party shall be served upon the representative as provided in Rule 12-307 NMRA. 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 court directs. If a party against whom an appeal may be taken dies after entry of a judgment or order in the district court but before a notice of appeal is filed, an appellant may proceed as if the death had not occurred. If a party entitled to appeal dies before notice of appeal, the notice may be filed by the party's personal representative or if none, 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. B. Substitution for other causes. If substitution of a party in the appellate court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure provided in Paragraph A of this rule. 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 court in the officer's official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and the officer's 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) A public officer who is a party to an appeal or other proceeding in the officer's official capacity may be described by official title rather than by name, unless the court otherwise directs.