Rule 43 - Substitution of Parties(a)Death of a Party. (1)After Notice of Appeal is Filed. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the appellate court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or any party. A death certificate or other official proof of death must be filed with the motion. A party's motion must be served on the representative in accordance with C.R.C.P. 25. If the decedent has no representative, any party may suggest the death on the record, and the court may then direct appropriate proceedings.(2)Before Notice of Appeal is Filed - Potential Appellant. If a party entitled to appeal dies before filing a notice of appeal, the decedent's personal representative-or, if the decedent has no personal representative, the decedent's attorney of record-may file a notice of appeal within the time prescribed by these rules. After the notice of appeal is filed, substitution must be in accordance with section (a)(1) of this rule. (3)Before Notice of Appeal is Filed - Potential Appellee. If a party against whom an appeal may be taken dies after entry of a judgment or order in the underlying proceeding, 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 must be in accordance with section (a)(1) of this rule. (b) Substitution for Reasons Other Than Death. If substitution of a party is required for any reason other than death, the party seeking substitution must file a motion stating the grounds for substitution. (c) Public Officers; Identification; Substitution. (1) Identification of Party. A public officer who is a party to an appeal or other proceeding in an official capacity may be described as a party by the public officer's official title rather than by name; but the court may require the public officer's name to be added. (2) Automatic Substitution of Officeholder. When a public officer who is a party to an appeal or other proceedings in an official capacity dies, resigns, or otherwise ceases to hold office, the action does not abate. The public officer's successor is automatically substituted as a party. Proceedings following the substitution must be in the name of the substituted party, but any misnomer that does not affect the substantial rights of the parties may be disregarded. The court may enter an order of substitution at any time, but failure to enter an order does not affect the substitution.(a) amended effective June 23, 2014; amended and adopted by the Court, En Banc, 6/9/2016, effective immediately.