§ Rule 57.2 Declaration of Factual Improper Party Status

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > VII Judgment > Rule 57.2

Rule 57.2. Declaration of Factual Improper Party Status

    a. Scope of Rule. This rule governs petitions alleging factual improper party status pursuant to A.R.S. § 12-772, if as a result of a person's personal identifying information being taken, the person's name was entered as of record in a civil action or judgment.

    b. Filing. A petition brought under this rule shall be filed in the superior court for the county in which the petitioner's name was entered as of record in a civil action or judgment because of alleged improper use of the petitioner's personal identifying information. The petition shall be assigned a civil case number. The petition shall state the specific court location where the underlying action was filed, and the case number of the prior filing. The petition shall be captioned: In re: (name of petitioner).

    c. Service. The petitioner shall serve the petition in the manner prescribed by these rules on all parties in the civil action in which the petitioner's identity was allegedly used.

    d. Redacted Filings and Filings Under Seal. A person may request, and the court may order, that a filing containing potentially sensitive identifying information such as the person's birth date, social security number, or financial account numbers, be filed or retained in redacted form or under seal.

    e. Transmission of Records. If the petition is related to a case filed in a justice of the peace court, the clerk of the superior court shall request the justice of the peace to transmit a copy of the file to the clerk's office.

    f. Discovery and Disclosure. Discovery proceedings may be conducted and disclosure under Rule 26.1 may be required only upon stipulation of the interested parties, or by order of the court.

    g. Evidence. The petitioner must establish improper party status by clear and convincing evidence.

    h. Hearing and Determination.

        1. The court may hold a hearing on the petition.

        2. The court may enter an order pursuant to this rule upon submission of proof by affidavit.

    i. Order. The court shall provide notice of the court's findings to the petitioner and to all parties in the civil action in which the petitioner's identity was allegedly used.