12-772

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

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.