33-1379. Eviction action; dismissal; sealed records

284 words·~1 min read·/az/title-33/33-1379

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

A. In any action for eviction pursuant to section 33-1368 or 33-1377 or pursuant to a forcible entry and detainer action, on the court entering an order that dismisses the action for eviction prior to entry of a judgment or that enters judgment in favor of the tenant, the court shall issue an order sealing all records related to the case.

B. The court shall also order the sealing of an eviction case on the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file.

C. If the records in an eviction case court file are sealed, the tenant's case records shall only be made available to the following:

1. The person whose records are sealed and any party or any attorney who has made an appearance in the case where records are sealed.

2. The court, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.

3. The clerk of the court or any department that is responsible for maintaining records, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.

D. This section applies to all records relating to an action for summary eviction, a forcible entry and detainer action or a special detainer action that are maintained by the court, including the complaint and any other pleadings, proof of service, any findings and orders of the court and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.