§ 5.4.2 Against Whom May Declaratory Judgment Actions Be Brought.

• Jurisdiction: Arizona

§ 5.4.2 Against Whom May Declaratory Judgment Actions Be Brought. Like the plaintiff, the defendant in a declaratory judgment action must have a “real interest in the question” being litigated. Taylor v. McSwain, 54 Ariz. at 307, 95 P.2d at 420. The Arizona Court of Appeals has noted that the presence of an interested defendant was one element of the requirement of a justiciable controversy. Morris v. Fleming, 128 Ariz. 271, 273, 625 P.2d 334, 336 (Ct. App. 1980).

The Arizona act has a specific statutory provision that governs the inclusion of defendants in actions for declaratory relief. It provides, in part: “When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.” A.R.S. § 12-1841(A). That statutory requirement must, however, be read in light of the Rules of Civil Procedure, particularly Rule 19. Thus, for example, in Anthony A. Bianco, Inc. v. Hess, 86 Ariz....