§ 16-62-104 - Death or expiration of powers -- Effect upon action.
16-62-104. Death or expiration of powers -- Effect upon action.
(a) Where there are several plaintiffs or defendants in an action, and one (1) of them dies, or his or her powers as a personal representative cease, if the right of action survives to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record.
(b) Where one (1) of several plaintiffs or defendants dies, or his or her powers as a personal representative cease, if the cause of action does not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined and the principles applicable to the case fully settled, it may proceed to try the cause as between the remaining parties. However, the judgment shall not prejudice any who were not parties at the time of the trial.