§ Rule 57.1 Declaration of Factual Innocence
Rule 57.1. Declaration of Factual Innocence
a. Scope of Rule. This rule governs the determination of factual innocence of a person who claims pursuant to 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 entered as of record in a judgment of guilt in a criminal case.
b. Filing. A petition brought under this rule shall 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 shall be assigned a civil case number. If applicable, the petition shall 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 shall 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 shall be captioned: In re: (name of petitioner).
c. Service. The petitioner shall serve the petition in the manner prescribed by A.R.S. § 12-771 and by these rules.
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 clerk of the superior court shall request the justice of the peace or presiding officer of the municipal court to transmit a copy of the file to the clerk's office.
f. Discovery and Disclosure. Discovery may be conducted and disclosure under Rule 26.1 may be required only upon stipulation of the parties, or by order of the court.
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 pursuant to this rule upon 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 shall notify the following persons, if applicable: the petitioner; the prosecuting agency which filed the charge; the law enforcement agency which made the arrest or issued the citation; the defense attorney.