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Rule 8. Confidential Documents and Information

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part I. General Information
Effective: January 1, 2022
17B A.R.S. Rules Probate Proc., Rule 8
Formerly cited as AZ ST PROB Rule 7
Rule 8. Confidential Documents and Information
Currentness
(a) Definitions.
(1) “Confidential document” means
(A) the Probate Information Form filed under Rule 13;
(B) medical reports and records that are filed in connection with proceedings, including reports and records filed in connection with proceedings under A.R.S. §§ 14-5303, 14-5310, 14-5401.01, or 14-5407, or A.R.S. § 36-3206, or as required by A.R.S. §§ 14-5312.01, 14-5312.02, and 14-5315;
(C) budgets filed under Rule 45;
(D) inventories and appraisements filed under A.R.S. § 14-5418(A);
(E) accountings filed under A.R.S. Title 14;
(F) a credit report; or
(G) any other document that the court orders filed as a confidential document under this rule.
(2) “Confidential information” means
(A) a social security number of a living person;
(B) any financial account number, unless limited to the last four digits only; or
(C) any other information the court determines is confidential.
(3) “Financial account” includes bank, credit card, debit card, and brokerage accounts; pensions, profit-sharing, or retirement and similar benefit plans; and an insurance policy or an annuity contract.
(4) “Redact” means to edit or obscure text in a document in a manner that prevents it from being read. Redaction must be accomplished so that the redacted information cannot be identified in either paper or electronic formats.
(b) Access to Confidential Documents.
(1) Generally. Confidential documents are not part of the public record of a probate case.
(2) Probate Information Form. Only the following persons may access the Rule 13 Probate Information Form:
(A) an attorney or a guardian ad litem appointed by the court to represent the subject person of a guardianship or protective proceeding in which the document has been filed;
(B) a court investigator appointed for the probate case in which the Probate Information Form has been filed;
(C) judicial officers, court administrative staff, and other court personnel whose official duties require access to confidential information for processing and managing probate cases;
(D) the public fiduciary;
(E) staff from the Administrative Office of the Courts who are conducting a compliance audit of a fiduciary, or an investigation into alleged misconduct by a licensed fiduciary, under Arizona Code of Judicial Administration § 7-201; and
(F) any person authorized by the court, on a showing of good cause, to view or obtain a copy of the confidential document;
(3) Other Confidential Documents. Only the following persons may access other confidential documents:
(A) the persons described in subparts (b)(2)(A) through (F);
(B) a party to the probate case in which the document has been filed and that party's attorney or other legal representative; and
(C) a person appointed as a medical professional or accountant for the probate case in which the document has been filed.
(c) Filing Paper Confidential Documents. A party filing a paper confidential document must place it in an envelope marked with the case name, the case number, the name of the document being filed, the name of the party filing the document, and the words “Confidential Document.” A confidential document referenced in a pleading or motion as an exhibit must state on the envelope the title of that pleading or motion and identify the exhibit number. A party must use a separate envelope for each confidential document. The clerk is not required to review a document to determine whether it is a confidential document.
(d) Prohibition on Filing Confidential Information.
(1) Generally. Other than in a confidential document, a person must not include confidential information in any document the person files with the court, whether filed electronically or in paper, unless the court orders otherwise or as prescribed by law.
(2) Responsibility with Filer. The responsibility for not including or redacting confidential information rests solely with the person filing a document. The clerk and the court are not required to review documents for compliance with this rule, or to seal or redact documents that contain confidential information.
(e) Motions Concerning Confidential Documents and Information.
(1) Available Orders. On its own or on a party's motion, the court may order that
(A) a document be filed as a confidential document;
(B) a document not be filed as a confidential document;
(C) confidential information contained in a non-confidential document be redacted and, in instances where the document has not yet been filed, the filing party perform the redaction; or
(D) a filed document be destroyed or returned to the filing party and replaced with an identical document with confidential information redacted or removed.
(2) Motion's Requirements. A party filing a motion to determine confidentiality must include in the motion:
(A) the title of the document to which the motion pertains;
(B) the date the document was filed; and
(C) why information should be redacted, or the document should be filed as a confidential document.
(f) Confidential Documents as Hearing Exhibits. A confidential document may be used as an exhibit, or a part of an exhibit, at any hearing in the probate case in which the confidential document was filed. The party submitting the exhibit for the clerk to mark must identify the document as being, or including, a confidential document, and the clerk must mark it as such. Any exhibit that is, or includes, a confidential document and that is offered into evidence is governed by section (b).
(g) Sanctions. The court may impose appropriate sanctions on a person who violates this rule.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Probate Proc., Rule 8, AZ ST PROB Rule 8
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document