TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 3

PARTIES TO ACTIONS

5-319.  Death or transfer of interest — Procedure — Actions by or against public officers. An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue. In case of the death or any disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. An action or proceeding brought by or against any public officer in his official capacity and which action or proceeding is pending at the time of his death, resignation, retirement or removal from office does not abate. The court on its own motion or on motion for substitution may substitute the successor in office and allow the action or proceeding to be continued against such successor.

History:

[(5-319) C.C.P. 1881, sec. 200; R.S., R.C., & C.L., sec. 4108; C.S., sec. 6652; am. 1931, ch. 96, sec. 1, p. 169; I.C.A., sec. 5-319.]