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STATE EX REL. McDOUGALL v. SUPERIOR COURT

No. 1 CA-SA 92-0128.

173 Ariz. 385 (1992)

843 P.2d 1277

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Gary E. Donahoe, a judge pro tem thereof, Respondent Judge, Blair T. WEST, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department D.

December 22, 1992.

Attorney(s) appearing for the Case

Michael L. Scanlan, Asst. Phoenix City Prosecutor, Phoenix, for petitioner.

Philip A. Seplow, Phoenix, for real party in interest.

OPINION

FIDEL, Chief Judge.

In a forfeiture proceeding, must a claim be personally verified by the claimant, or may it be verified by counsel or another person familiar with the facts? That question is presented in this special action, which requires us to examine the relationship between Ariz. Rev. Stat. Ann. ("A.R.S.") section 13-4311(E) (1989) and Rule 11(b), Arizona Rules of Civil Procedure. We hold that the statute requires the claimant to personally...

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