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South Carolina
JUDICIAL DEPARTMENT
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RULE 236

RULE 265
SUBSTITUTION OF PARTIES

(a) Service of Notice in the Event of the Death or Incompetency of a Party.  If a party against whom an appeal may be taken dies or becomes incompetent before a notice of appeal is served, an appellant may serve the party's personal representative, guardian ad litem, committee or his attorney of record.  If a party entitled to appeal shall die or become incompetent before serving a notice of appeal, the notice may be served by his personal representative, guardian ad litem, committee or his attorney of record.  In either event, if there is no attorney of record, the time for serving the notice shall be tolled until a personal representative, guardian ad litem or committee is properly appointed.

(b) Substitution Upon Death or Incompetency of a Party.  If a party to an appeal dies or becomes incompetent, the appellate court may, upon motion or on its own initiative, order substitution of the proper parties or remand the case to the trial court for the substitution of the proper parties as provided by Rule 25, SCRCP.

(c) Other Substitution.  If substitution of a party is desired for any reason other than death or incompetency, substitution shall be by motion to the appellate court.

(d) Substitution of Official Party.  If a public officer in his official capacity is a party to an action pending in an appellate court and during its pendency he ceases to hold office, his successor in office shall be automatically substituted as a party.  Proceedings following substitution shall be in the name of the substituted party.  An order of substitution may be entered at any time upon the suggestion of the substituted party or any other party, but the omission to enter such an order shall not affect the substitution.

Amended by Order dated January 29, 2009, effective April 29, 2009, by Order of the same date.