Knapp v. The Jones Financial Co.

Citations

• 981 N.W.2d 925
• 2022 ND 187

Syllabus

Rule 43 of the North Dakota Rules of Appellate Procedure is intended to provide a mechanism for substitution of a party who dies after proceedings in the district court have concluded. Under Rule 43(a)(3), an attorney may file a notice of appeal on behalf of a decedent if he or she was \entitled to appeal\ before dying. If a party dies during proceedings in the district court—i.e., before the party is entitled to appeal, North Dakota Rule of Civil Procedure 25 applies.