Maricopa Arizona Motion to Seal Records and Documents

State:
Multi-State
County:
Maricopa
Control #:
US-03331BG
Format:
Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Seal" is defined in the Civil Procedure Rules thus: " A seal is a mark which the court puts on a document to indicate that the document has been issued by the court". There is no legal requirement for magistrates' courts or the Crown Court to seal orders.

Filing under seal is a procedure allowing sensitive or confidential information to be filed with a court without becoming a matter of public record. The court generally must give permission for the material to remain under seal.

Court records are maintained in accordance with Rules of the Supreme Court of Arizona, Rule 29: Court Records, subsections (A) and (D). Most records are destroyed once their statutory retention period expires, which can be from one year to 11 years, depending on the case type.

COURT CASE FILES period of 50 years (for cases filed after 1959) must be transferred to the state archivist for permanent storage and not destroyed at the end of the 50 year retention period.

It's largely agreed across the profession that the minimum legal document retention period should be at least six years for most types of record, as this is the primary limitation period under the Limitation Act 1980. However, other legal documents need to be kept for 15 years or more.

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public.

Payment of court debt (LFOs) Arizona's new sealing lawenacted in 2021 and effective in 2023requires that the person completes all of the terms and conditions of the person's sentence, including paying all fines, fees and restitution that are ordered by the court, in order to petition for sealing.

The Superior Court of Arizona in Maricopa County is the 4th largest trial court in the country. The court has jurisdiction over all felony cases committed in Maricopa County. The Criminal Department is the largest department within the court.

Definition. A device used to create an impression or imprint on paper utilizing wax or a stamp. The seal is used to execute a legal document or guarantee the document's authenticity.

Counsel file documents under seal to limit access to sensitive or confidential information, usually to the court, the parties to the case and their counsel and experts. Sealing orders can, however, be undone.

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Maricopa Arizona Motion to Seal Records and Documents