During pending proceedings, what must happen for a party to rely against the other side on the ending of a legal representative's authority?
General information · Not legal advice
Material to check
In a practice file we read the papers showing that the legal representative's authority ended, such as a court decision or a death certificate, and any notice given to the opposing party recording that the authority has ended, together with the court record showing when the court learned of it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading is that if a legal representative's authority ends while the proceedings are running, the party or the representative must give the opposing side notice of that fact, and without that notice the ending of the authority cannot be asserted against the other side.
Another reading is that once the court has been made aware that the authority has ended, the former legal representative may no longer carry out the procedural acts the provision on a representative's acts covers, so even an unnotified ending still bites on that representative, and the provision leaves open what follows for acts already done.
Your judgment
If no notice was given but the court learned of the ending, which acts done by the former representative can still stand?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change what notice is required or when the court's awareness bites, or if a court decision explains which procedural acts a former representative may still perform.