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. § 25-805.

(b) Incompetency. If a party becomes incompetent, the court may–on motion or on stipulation of the parties and the incompetent 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 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.

Currentness