Rule 5 - [Effective 1/1/2025] Parties(a) In Original Special Actions.(1)Who May Be a Plaintiff. Any person aggrieved by the action or inaction of a body, officer, or person for the reasons set forth in Rule 4 may file an original special action as a plaintiff.(2)Naming a Defendant. The complaint in an original special action must name as a defendant the body, officer, or person whose decision is being challenged. It must also name as defendants all other parties in whose absence the court cannot afford complete relief. If a body, officer, or person required to be made a party has not been joined, the court must order that the body, officer, or person be made a defendant. If a body, officer, or person required to be joined if feasible cannot be joined, the court must determine whether the action should proceed among the existing parties or be dismissed as provided under Rule 19(b) of the Rules of Civil Procedure.(3)Capacity. A person or entity may sue or be sued in an original special action as provided in Rule 17 of the Rules of Civil Procedure.(b) In Appellate Special Actions.(1)Petitioner Defined.(A) Generally. Any person aggrieved by a judicial decision for the reasons set forth in Rule 4 may file an appellate special action as a petitioner.(B) Victim as Petitioner. A victim as defined in Rule 1.4(v) of the Rules of Criminal Procedure may file an appellate special action seeking relief from a decision denying any right guaranteed to victims under article 2, section 2.1 of the Arizona Constitution or under any implementing legislation or court rule. A prosecutor may also initiate a special action proceeding seeking such relief at the victim's request.(2)Respondent Defined. The petition in an appellate special action must name as respondents all other parties in the case. The court may allow other persons to respond, as set forth in Rule 5(c). The judge whose decision is being challenged is not a respondent.(c) Other Persons: Intervenors, Joinder, Amicus Curiae. The court may direct that notice of a special action be given to any person. The court may: (1) allow other persons to intervene subject to Rule 24 of the Rules of Civil Procedure;(2) order joinder of other persons as parties; or(3) allow other persons to participate as amicus curiae. Amended August 22, 2024, effective 1/1/2025.2025 Comment
Beginning with the 2025 revisions to these rules, a respondent in an appellate special action is no longer referred to as a real party in interest. In addition, the judge whose decision is being challenged is no longer a respondent in an appellate special action.