§ Rule 25(d) Public officers-death or separation from office

Codes > Montana Code > Title 25 > Chapter 20 : IV Parties > Rule 25 : Rule 25(d)

Rule 25(d). Public officers--death or separation from office

    (1) When a public officer is a party to an action in an 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 sues or is sued in an official capacity may be described as a party by the officer's official title rather than by name; but the court may require the officer's name to be added.