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)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.Ariz. R. Fam. Law. proc. 37
Added Oct. 19, 2005, effective 1/1/2006; amended effective1/1/2019; amended August 31, 2020, effective 1/1/2021; amended December 8, 2021, effective 1/1/2022.