How can a party be added or removed from a lawsuit?
Adding or removing a party from a lawsuit in Arizona is governed by the Rules of Civil Procedure (RCP). In general, a party may be added to a lawsuit only if the new party has some connection to the claim that is the subject of the lawsuit. A plaintiff (person who is initiating the lawsuit) can add a new party by amending the complaint, which is the document that describes the legal claims being made, and then filing the amended complaint with the court. The plaintiff also must serve the new party with the complaint and other documents. On the other hand, a defendant (person responding to the lawsuit) can add a new party by filing a Third-Party Complaint that is served on the new party and the original plaintiff. A party can be removed from a lawsuit if the court determines that the party does not have sufficient connection to the claim in the lawsuit or if it is determined that the party was improperly added in the first place. The party that wants to remove the other party must file a motion with the court and serve it on the other party. The motion must state the reasons why the party should be removed from the lawsuit. The court may then make a decision based on the reasons given in the motion. If the court agrees that the party should be removed, an order will be issued to remove the party from the lawsuit.
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