WY · rules
W.R.A.P. 17.01
Death of a Party
(a) If a party dies after a notice of appeal is filed, or while a proceeding is
otherwise pending in the appellate 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 appellate court. The motion of a
party shall be served upon the representative in accordance with the provisions of Rule 14. If the deceased party has no representative, any party may
notify the appellate court of the death on the record and proceedings shall then
be had as the appellate court 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.
(b) After the notice of appeal is filed substitution shall be effected in the
appellate court in accordance with this rule. If a party entitled to appeal dies
before filing a notice of appeal, the notice of appeal may be filed by a personal
representative, or, if the party has 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 appellate court in accordance with
this rule.
(c) In appeals of criminal convictions, an appeal shall be dismissed if the
convicted person dies.
History
History: Amended April 6, 2015, effective July 1, 2015; amended October 12, 2021, effective January 1, 2022.
Provenance
- Source
- wyocourts.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0c52f46251e83a655a4502113be8baf245d1d725ee0312f12138ef6bee381ee3
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