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Rule 37. Substitution of Parties: Death, Incapacity, and Transfer of Interest

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part III. Parties (Refs & Annos)
Effective: January 1, 2022
17B A.R.S. Rules Fam.Law Proc., Rule 37
Rule 37. Substitution of Parties: Death, Incapacity, and Transfer of Interest
Currentness
(a) Death.
(1) If a party dies while a petition for dissolution, legal separation, or annulment is pending, the action abates, and the court will dismiss the case.
(2) If a party dies while a petition for paternity or maternity is pending, the action does not necessarily abate, in accordance with A.R.S. ยง 25-805.
(b) Incapacity. On motion or stipulation, the court may continue an action by or against the representative of an incapacitated person or of an adult in need of protection. Anyone filing such a motion must serve the motion on the parties as provided in Rule 43 and on the incapacitated person's representative in the same manner that a summons and pleading are served under Rule 40(f)(1) or 41, as applicable.
(c) Transfer of Interest. If a party's interest in property is transferred, the action may be continued by or against that party, unless the court--on motion or on stipulation of the parties and the transferee--orders the transferee to be substituted in the action or joined with the original party. Anyone filing such a motion must serve the motion on the parties as provided in Rule 43 and on the transferee--if a nonparty--in the same manner that a summons and pleading are served under Rules 40(f)(1) or 41, as applicable.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended Aug. 31, 2020, effective Jan. 1, 2021; amended on an emergency basis Aug. 30, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Fam. Law Proc., Rule 37, AZ ST RFLP Rule 37
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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