Arizona

Civil Procedure

Civil Procedure

Rule 57.2 – Declaration of Factual Improper Party Status

(a) Scope of Rule. This rule governs petitions alleging factual improper party status under A.R.S. ยง 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 must be filed in the superior court in 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 must be assigned a civil case number. The petition must state the specific court location where the underlying action was filed, and the case number of the prior filing. The petition should be captioned: “In re: [name of petitioner].”
(c) Service. The petitioner must serve the petition on all parties in the civil action in which the petitioner’s identity was allegedly used. 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 in redacted form or be filed under seal.
(e) Transmission of Records. If the petition is related to an action filed in a justice of the peace court, the superior court clerk must 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 by stipulation of the interested parties or court order.
(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 under this rule upon submission of proof by affidavit.
(i) Order. The court must 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.

Ariz. R. Civ. P. 57.2

Amended effective January 1, 2017.