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

Arizona Statutes

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

Arizona § 12-772

Title 12Arizona Revised Statutes

Ch. 6SPECIAL ACTIONS AND PROCEEDINGS BY INDIVIDUAL PERSONS

Art. 17Declaration of Innocence

This text of Arizona § 12-772 (Factual improper party status; judicial determination; procedure; definition) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 12-772 (2026).

Text

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

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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.