Ohio App.R. 29

(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 court of appeals, 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 court

of appeals. The motion of a party shall be served upon the representative in accordance

with the provisions of Rule 13. If the deceased party has no representative, any party may

suggest the death on the record and proceedings s hall then be had as the court of appeals

may direct. If a party against whom an appeal may be taken dies after entry of a judgment

or order in the trial 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 court of appeals in accordance with this subdivision. If a party entitled to appeal

shall die before filing a notice of appeal, the notice of appeal may be filed by his personal

representative, or, if he has no personal representative, by his attorney of record within the

time prescribed by these rules. After the notice of appeal is filed, substitution shall be

effected in the court of appeals in accordance with this subdivision.

(B) Substitution for other causes

If substitution of a party in the court of appeals is necessary for any reason other than death,

substitution shall be effected in accordance with the procedure prescribed in subdivision

(A).

(C) Public officers; death or separation from office

(1) When a public officer is a party to an appeal or other proceeding in the court of

appeals in his official capacity and during its pendency dies, resigns or otherwise

ceases to hold office, the action does not abate and his 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 a public officer is a party to an appeal or other proceeding in his official

capacity, he may be described as a party by his official title rather than by name,

but the court may require his name to be added.