Ariz. R. Civ. P. 15
Supplemental State Bar Committee Note
Amendment to Rule 15(c)
In Ritchie v. Grand Canyon Scenic Rides, 165 Ariz. 460, 799 P.2d 801 (1990), the Arizona Supreme Court held that the "period provided by law for commencing the action" referred to in the second sentence of Rule 15(c) includes the time allowed for service of process. Accordingly, when a party files a claim prior to the expiration of the statute of limitations, an amendment to the pleadings that adds a party, or changes the party, against whom the claim is asserted will relate back under Rule 15(c), if the new party is served within the time prescribed by the applicable statute of limitations plus the time allowed for service of process under Rule, and if the claim asserted in the amended pleading arose out of the same occurrence set forth in the original pleading.
State Bar Committee Note
1966 Amendment to Rule 15(c)
The amendment to this rule provides for relation back of pleading amendments in cases in which a complainant makes a mistake in designating against whom his claim is asserted. The amendment applies primarily but not exclusively to public officials, as where a party may mistakenly suppose that a particular person occupies an office when in fact by change of circumstances it is occupied by someone else; and it also covers cases in which a suit names an agency when it should name an individual. For example, a plaintiff might sue the "State Treasury Department" instead of the "State Treasurer." While this problem has not been substantial in Arizona, it has been substantial in the federal system, and the amendment is therefore adopted in the interest of conformity.