Hurt v. Superior Court
In Hurt v. Superior Court, 124 Ariz. 45, 49, 601 P.2d 1329, 1333 (1979) the Arizona Supreme Court concluded that a separate paternity action is not necessary to establish paternity in a wrongful death case.
Rather, the trial court can determine paternity "at a pretrial hearing on the issue of the plaintiff's capacity to sue properly raised by the pleadings." Id.
"When a party desires to raise an issue as to . . . the capacity of any party to sue . . ., the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge." Ariz. R. Civ. P. 9(a), 16 A.R.S., Pt. 1.
Although the supreme court in Hurt established the procedure for raising the issue of paternity in wrongful death cases, it did not state who bore the burden of proving paternity.