Preston v. Kindred Hospitals West, L.L.C.

OPINION

BALES, Justice.

¶ 1 Arizona Rule of Civil Procedure 17(a) requires every action to be “prosecuted in the name of the real party in interest.” An action cannot be dismissed for failure to name the proper party, however, “until a reasonable time has been allowed after objection” for the real party in interest to ratify, join, or be substituted into the action. Ariz. R. Civ. P. 17(a). We hold that Rule 17(a) does not require a plaintiff to show that an initial failure to name the real party in interest resulted from an understandable mistake or difficulty in identifying the proper party.

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