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Rule 105. Substitution of Parties During a Lawsuit

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part II: The Parties to a Lawsuit
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 105
Rule 105. Substitution of Parties During a Lawsuit
Parties may be substituted in a lawsuit in the following situations:
a. When a party has died during a lawsuit, and when the claim survives the party's death, upon a motion filed by any party or by the successor or representative of the deceased party, provided that the motion must be filed within ninety (90) days after a notice of the death has been filed with the court; and if no motion is made within that time, the deceased party may be dismissed from the lawsuit. [ARCP 25(a)]
b. When a defendant has died after a personal injury lawsuit has been filed, the death will not automatically end the lawsuit, but a personal representative, a successor, or a nominee may be substituted for the deceased defendant upon motion of any party or interested person. [ARCP 25(b)]
c. When a party becomes incompetent during a lawsuit, by motion and as provided in Rule 105(a) by using the word “incompetency” rather than “death” and “incompetent” rather than “deceased.” [ARCP 25(c)]
d. When there has been a transfer of interest during a lawsuit, the lawsuit may continue by or against the original party, but upon a party's motion the judge may order the person to whom the interest has been transferred to be substituted, or to be named in addition to the original party. [ARCP 25(d)]
e. When a public officer in an official capacity dies while the lawsuit is pending, or resigns, or ceases to hold office, the officer's successor is automatically substituted as a party, unless the judge upon motion orders otherwise. [ARCP 25(e)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 105, AZ ST J CT RCP Rule 105
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
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