SUBSTITUTION OF PARTIES

(a) Death of a party. If a party dies after the notice of appeal is filed, or while the proceeding is otherwise pending in a Hawaiʻi appellate court, that court may substitute the personal representative of the deceased party as a party on motion filed by the representative or by any party. The motion shall be served upon the representative in accordance with the provisions of Rule 25. If the deceased party has no representative, any party may suggest the death on the record, and proceedings shall then be had as that court shall direct. If an appellee dies after entry of the judgment or order in the court or agency appealed from but before a notice of appeal is filed, an appellant may proceed as if the death had not occurred. After the notice of appeal is filed, substitution shall be effected in the Hawaiʻi appellate courts in accordance with this subsection. 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 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 Hawaiʻi appellate courts in accordance with this subsection. (b) Substitution for other causes. If substitution of a party in the Hawaiʻi appellate courts is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subsection (a). (c) Public officers; death or separation from office. (1) When a public officer is a party to an appeal or other proceeding in the Hawaiʻi appellate courts in their official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and their 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) When a public officer is a party to an appeal or other proceeding in their official capacity, the public officer may be described as a party by their official title rather than by name, but the appellate court may require their name be added. (Amended December 6, 1999, effective January 1, 2000; further amended August 30, 2010, effective September 27, 2010; further amended January 21, 2025, effective February 14, 2025.)