a Scope of rule. This rule governs petitions alleging factual improper party status under A.R.S. § 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.
Rule 57.2.Declaration of factual improper party status.
Last verified July 1, 2026
In one sentenceRule 57.2 lets someone whose stolen identity was used to name them in a civil action or judgment petition the court for a declaration that they were an improper party.
Full Text of Rule 57.2
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].”
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.
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.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
This rule mirrors Rule 57.1 but addresses civil, rather than criminal, misuse of a stolen identity: it applies when someone's personal identifying information was taken and used to enter their name in a civil action or judgment they had nothing to do with. The petitioner files in the superior court of the county where their name was entered as of record, using an assigned civil case number and an “In re” caption, and must state the specific court and case number of the underlying civil filing. The petition must be served on all parties to that earlier civil action in the same manner as a summons and complaint, and if the underlying action was in a justice of the peace court, the superior court clerk can request the file. As with Rule 57.1, sensitive identifying information can be redacted or filed under seal.
Discovery and disclosure happen only by stipulation of the interested parties or court order, and the petitioner must prove improper party status by clear and convincing evidence. The court can decide the petition with or without a hearing, and once it rules, it must notify both the petitioner and all parties to the civil action where the petitioner's identity was allegedly misused.
Frequently Asked Questions
What does Rule 57.2 let someone do?
It lets a person whose stolen identity was used to name them in someone else's civil action or judgment petition the court for a declaration that they were an improper party.
Where do I file this kind of petition?
In the superior court of the county where your name was entered as of record in the underlying civil action or judgment.
What standard of proof applies?
The petitioner must establish improper party status by clear and convincing evidence.
Who gets notified once the court rules on the petition?
The petitioner and all parties to the civil action in which the petitioner's identity was allegedly used.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 57.2). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: improper party status ruleidentity theft civil petition