State Ex Rel. McDougall v. Superior Court

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 verify the claim.

BACKGROUND

When claimant Blair West was arrested for weapons and narcotic violations, the police seized firearms and $1513 in…