Sunday, November 30, 2008

1021:Substitution Procedure

§ 1021. Substitution procedure; dismissal for failure to substitute;
presentation of appeal. A motion for substitution may be made by the
successors or representatives of a party or by any party. If a person
who should be substituted does not appear voluntarily he may be made a
party defendant. If the event requiring substitution occurs before final
judgment and substitution is not made within a reasonable time, the
action may be dismissed as to the party for whom substitution should
have been made, however, such dismissal shall not be on the merits
unless the court shall so indicate. If the event requiring substitution
occurs after final judgment, substitution may be made in either the
court from or to which an appeal could be or is taken, or the court of
original instance, and if substitution is not made within four months
after the event requiring substitution, the court to which the appeal is
or could be taken may dismiss the appeal, impose conditions or prevent
it from being taken. Whether or not it occurs before or after final
judgment, if the event requiring substitution is the death of a party,
and timely substitution has not been made, the court, before proceeding
further, shall, on such notice as it may in its discretion direct, order
the persons interested in the decedent's estate to show cause why the
action or appeal should not be dismissed.

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