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WY · rules

W.R.A.P. 17.01

Death of a Party

activein force · 2022-01-01 – presentact-effective-date

(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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W.R.A.P. 17.01 — Death of a Party · binding.law