Title 45, Chapter 1, Section 2
( 45-1-2)
(a) When an action has been commenced by or against a public officer of the state in his official capacity and such officer's successor in office has been substituted as a party pursuant to subsection (d) of Code Section 9-11-25, such action shall proceed as if no change of parties had been made, provided that it shall be within the discretion of the court to allow the successor in office such time as it may deem necessary to appear, plead, or otherwise proceed with such action. (b) This Code section shall not apply to actions against officers
for damages on account of tortious acts committed by such officer
under color of office, which actions survive against such officer or
his personal representatives, notwithstanding the death,
resignation, removal, or expiration of the term of such officer. (c) This Code section shall relate only to actions commenced by or
against state officers in their official capacity and shall not
relate or apply to actions commenced by or against municipal,
district, or county officers. |