VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 34. Substitution of Parties

• Jurisdiction: United States

Rule 34. Substitution of Parties

(a) Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the Supreme Court, 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 of the Supreme Court. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Supreme Court may direct. If an appellee dies after entry of judgment or order in the Superior Court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed, substitution shall be effected in the Supreme Court in accordance with this paragraph. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by the personal representative, or, if there is no personal representative, by the attorney of record within the time prescribed by these Rules. After the notice of appeal is filed, substitution shall be effected in the Supreme Court in accordance with this paragraph.

(b) Substitution for Other Causes. If substitution of a party in the Supreme Court is necessary for any reason...