Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust, if the trustee gives the custodian all of the following:

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Terms Used In Arizona Laws 14-13112

  • Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. See Arizona Laws 14-13102
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that meets all of the following requirements:

    (a) Has been sent or received by a user. See Arizona Laws 14-13102

  • Court: means the superior court. See Arizona Laws 14-13102
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 14-13102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Arizona Laws 14-13102
  • User: means a person that has an account with a custodian. See Arizona Laws 14-13102

1. A written request for disclosure in physical or electronic form.

2. A certified copy of the trust instrument or a certification of the trust under section 14-11013 that includes consent to disclosure of the content of electronic communications to the trustee.

3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.

4. If requested by the custodian any of the following:

(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.

(b) Evidence linking the account to the trust.

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