Substitution of parties

If a party dies after a notice of appeal is filed in the trial court or while a proceeding is pending in the Appellate Division, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the clerk. The motion of party shall be served upon the representative in accordance with the provisions of Rule 13 . 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 Division may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the trial court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the appeal has been transmitted to the Appellate Division substitution shall be effected in the Appellate Division in accordance with this subdivision. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by his or her personal representative, or, if he or she has no personal representative, by his or her attorney of record within the time prescribed by these rules. After the appeal has been transmitted to the Appellate Division, substitution shall be effected in the Appellate Division in accordance with this subdivision.