esqappellate
President, MSI
- Feb 12, 2012
- 7,408
IIRC, until one side or the other submits a notification of change of party, the name would remain (just like it does in my organization's case at SCOTUS).
See Rule 43 of the Federal Rules of Appellate Procedure:
(c) Public Officer: Identification; Substitution.
(1) Identification of Party. A public officer who is a party to an appeal or other proceeding in an official capacity may be described as a party by the public officer's official title rather than by name. But the court may require the public officer's name to be added.
(2) Automatic Substitution of Officeholder. When a public officer who is a party to an appeal or other proceeding in an official capacity dies, resigns, or otherwise ceases to hold office, the action does not abate. The public officer's successor is automatically substituted as a party. Proceedings following the substitution are to be in the name of the substituted party, but any misnomer that does not affect the substantial rights of the parties may be disregarded. An order of substitution may be entered at any time, but failure to enter an order does not affect the substitution.