Idaho State Statutes - Idaho Attorney Directory

DEATH OR TRANSFER OF INTEREST -- PROCEDURE -- ACTIONS BY OR
AGAINST PUBLIC OFFICERS. An action or proceeding does not abate by the death
or any disability of a party, or by the transfer of any interest therein, if
the cause of action or proceeding survive or continue. In case of the death or
any disability of a party, the court, on motion, may allow the action or
proceeding to be continued by or against his representative or successor in
interest. In case of any other transfer of interest the action or proceeding
may be continued in the name of the original party, or the court may allow the
person to whom the transfer is made to be substituted in the action or
proceeding. An action or proceeding brought by or against any public officer
in his official capacity and which action or proceeding is pending at the time
of his death, resignation, retirement or removal from office does not abate.
The court on its own motion or on motion for substitution may substitute the
successor in office and allow the action or proceeding to be continued against
such successor.

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