Arizona

Family Law

Rule 37 – Substitution of Parties: Death, Incompetency, and Transfer of Interest

(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)Incompetency or Incapacity. If a party becomes incompetent or incapacitated, the court may-on motion or on stipulation of the parties and the incompetent or incapacitated party’s representative-permit the action to be continued by or against the party’s representative. Anyone filing such a motion must serve the motion on the parties as provided in Rule 43 and on the incompetent or incapacitated party’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.

Ariz. R. Fam. Law. proc. 37

Added Oct. 19, 2005, effective Jan. 1, 2006; amended effectiveJan. 1, 2019; amended August 31, 2020, effective January 1, 2021.