Arizona

Civil Procedure

Civil Procedure

Rule 57.1 – Declaration of Factual Innocence

(a) Scope of Rule. This rule governs the determination of factual innocence of a person who claims under A.R.S. § 12-771 that the person’s personal identifying information was taken, and, as a result, the person’s name was used by another person who was arrested, cited, or charged with a criminal offense, or the person’s name was later entered as of record in a judgment of guilt in a criminal action.
(b) Filing. A petition brought under this rule must be filed in the superior court in the county in which the other person was arrested for, or cited or charged with, a criminal offense. The petition must be assigned a civil case number. If applicable, the petition should state the specific court location where the underlying charge was filed, or the judgment of guilt was entered, and the case number of that prior filing. The petition must identify, as applicable, the names and mailing addresses of all persons and entities entitled under A.R.S. § 12-771(H) to notice of a finding of factual innocence. The petition should be captioned: “In re: [name of petitioner].”
(c) Service. The petitioner must serve the petition on the individuals and entities identified in A.R.S. § 12-771(D) and (E). Service must be made in the same manner that a summons and pleading are served under Rule 4, 4.1, or 4.2, as applicable.
(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 charge filed in a justice of the peace court or a municipal court, the superior court clerk must request the justice of the peace or presiding officer of the municipal court to transmit a copy of the file to the clerk.
(f) Discovery and Disclosure. Discovery may be conducted and disclosure under Rule 26.1 may be required only by stipulation of the parties or court order.
(g) Evidence. The petitioner must establish factual innocence by clear and convincing evidence.
(h) Hearing and Determination.

(1) The court may hold a hearing to determine the petitioner’s factual innocence.
(2) The court may enter an order under this rule on submission of proof by affidavit.
(3) At any hearing, the victim of the offense identified in a judgment of guilt, or committed by the person arrested for, or cited or charged with, a criminal offense, has a right to be present and to be heard at the hearing.
(i) Order. On a finding of factual innocence related to an arrest, citation, or charge, the court must notify the following, if applicable: the petitioner; the prosecuting agency that filed the charge; the law enforcement agency that made the arrest or issued the citation; and the defense attorney.

Ariz. R. Civ. P. 57.1

Amended effective January 1, 2017.