12-772. Factual improper party status; judicial determination; procedure; definition

263 words·~1 min read·/az/title-12/12-772

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A person, or a party to the action on behalf of the person, may petition the superior court for a judicial determination of the person's factual improper party status if as a result of the person's personal identifying information being taken the person's name was entered as of record in a civil action or judgment.

B. The petition shall be filed in the superior court in the county in which the civil action was filed.

C. If the civil action was filed in a justice of the peace court, the justice of the peace shall make a certified copy of all docket entries and the record of the proceedings in the action and transmit it together with a certified copy of the bill of costs and the original papers in the action to the clerk of the superior court.

D. The petitioner shall serve the petition on all parties.

E. The court may conduct a hearing to determine the person's factual improper party status.

F. If the court finds by clear and convincing evidence that the person is not a proper party to the civil action or judgment as a result of the person's personal identifying information being taken the court shall find the person a factual improper party in that civil action or judgment.

G. The court shall notify the person and all parties of the court's finding.

H. The court shall consider a person or party's request to expedite the judicial determination.

I. For the purposes of this section, "personal identifying information" has the same meaning prescribed in section 13-2001.