Rule 2. Parties
Arizona Revised Statutes AnnotatedRules of Procedure for Special Actions
17B A.R.S. Special Actions, Rules of Proc., Rule 2
Rule 2. Parties
(1) General. Any person who previously could institute an application for a writ of mandamus, prohibition, or certiorari may institute proceedings for a special action. The complaint shall join as a defendant the body, officer, or person against whom relief is sought. If any public body, tribunal, or officer is named as a defendant, the real party or parties in interest shall also be joined as defendants.
(2) Victims. The victim as defined in Rule 39(a), Rules of Criminal Procedure, may institute proceedings for a special action seeking relief from an order denying any right guaranteed to victims under Arizona Constitution Art. 2, § 2.1, any implementing legislation or court rules. Such proceedings may also be instituted by the prosecutor at the request of the victim.
Amended Nov. 12, 1991, effective Dec. 31, 1991.
STATE BAR COMMITTEE NOTE
(a) A special writ may on occasion be directed to an official who has only a nominal interest in the matter, as when the writ is directed to one of the Superior Courts; the truly interested parties are those who are engaged in a trial as parties before the Superior Court. In this circumstance, the practice has been to direct the writ in form to the court, but in fact to leave its handling to the parties; see for illustration of this form, Miller v. Superior Court, 88 Ariz. 349, 356 P.2d 699 (1960). At the same time, the action must be directed to the court and individual judge or board being reviewed so that it may respond if it desires. To insure that the real party in interest will be effectively included, this Rule is taken from Rule 1(b)(2) of the existing Rules of the Supreme Court, with the addition of the phrase that such parties shall be joined as the real parties in interest so that there will be direct service upon them. Rule 17(a) of the Rules of Civil Procedure is in accord.
(b) This section is adopted from the New York Rule, N.Y.Civ.Prac.Laws and Rules § 7802(d) (McKinney's 1963), but has been modified to coincide with the basic procedural policy of the state that the state rules of civil procedure and the federal rules of civil procedure shall as nearly as possible be the same. Therefore, the possibility of intervention is expressly made subject to the provisions of the general intervention rule, Rule 24 of the Rules of Civil Procedure.
COMMENT TO 1991 AMENDMENT
The 1991 amendment to Rule 2(a) was among those adopted in order to implement the Victims' Bill of Rights, which was incorporated into the Arizona Constitution in 1990 as Art. II, § 2.1. For a related statutory provision, see A.R.S. § 13-4437(A), adopted by Laws 1991, Ch. 229 § et seq. (the “Victims' Rights Implementation Act”).
17B A. R. S. Special Actions, Rules of Proc., Rule 2, AZ ST SPEC ACT Rule 2
Current with amendments received through 11/1/19
|End of Document||© 2020 Thomson Reuters. No claim to original U.S. Government Works.|