Rule 25.04. Public Officers – Death or Separation from Office
(1) When an officer of the state, a county, a city or other governmental agency is a party to an action in the officer’s official capacity and during its pendency dies, resigns, or otherwise ceases to hold the office, the action does not abate and the officer’s successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(2) When an officer of the state, a county, a city or other governmental agency sues or is sued in the officer’s official capacity, he or she may be described as a party by the officer’s official title rather than by name; but the court may require that the officer’s name be added.
Click here for Advisory Commission Comments to Rules 25.01-25.04.