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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I filed a civil suit in the District Court of Arizona,

Customer Question

I filed a civil suit in the District Court of Arizona, challenging the wrongful termination of my sec 8 subsidy. The defendants named are the executive director of the housing authority (in her official capacity), the housing authority themselves, and the Maricopa County Board of Commissioners, The board of commissioners have not yet been served, I have named a wrong party. can i amend my suit to include the corrrect party?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
you guys suck
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Research on Case Law, Codes, etc.. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Sam replied 1 year ago.

Hello

This is Samuel. I do not participate in phone calls offered by this site. But I can provide you information here.

I suggest you need to file a Motion to Amend to Add a Defendant pursuant to Civil Rule 19 See this LINK for the Rule

In the motion, I suggest you provide the grounds for adding he party. Include a copy of the amended complaint with the changed parts underlined.

I apologize for any delay in a response to your inquiry.

Customer: replied 1 year ago.
I'm not even positive that I need to amend to include the "clerk of the Board of Supervisors" or not. What's the worst thing that can happen if I named the wrong party?
Expert:  Sam replied 1 year ago.

Before suing a public entity for damages, a plaintiff must file a notice of claim “with the person or persons authorized to accept service for the public entity as set forth in the Arizona rules of civil procedure within 180 days after the cause of action accrues.”   12-821.01(A)  

If the public entity is a county, the persons authorized to accept service under Arizona Rule of Civil Procedure 4.1(i) are either “the chief executive officer, the secretary, clerk, or recording officer thereof.”

If you name the wrong party, they will file a Motion to Dismiss. And in that case you would need to then sue the correct party. However, you can amend to add the other party and if the first party is not the correct party they can still move to dismiss but it would remain against the second party, in this case the Board of supervisors. So it shouldn't hurt if you more to amend. But you also could then sue to proper party if you find you originally sued the wrong party.

I suggest you add the clerk and serve the clerk.

Expert:  Sam replied 1 year ago.

Hopefully, this information is helpful.

Customer: replied 1 year ago.
it is helpful only this lawsuit is filed in the federal District Court of Arizona do the Arizona Rules of Civil Procedure apply here?
Expert:  Sam replied 1 year ago.

Federal District Court or state District/Municipal Court?

Customer: replied 1 year ago.
Federal District Court
Expert:  Sam replied 1 year ago.

Thanks for the clarification

You will need to refer to the Federal Rules of Civil Procedure But the rules for service onto the clerk or other named in the AZ statute will also apply. So you will amend according to the civil rules. But the AZ statute on service to a government entity will need to be followed.

Expert:  Sam replied 1 year ago.

And so if it has been more than 21 days you need to ask and get the written permission from the party or file a Motion to Amend in Court and get the court's permission.