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§6-2204.


§6-2204.
   
   A. A court of competent jurisdiction, state agency or legislative
   committee may issue a subpoena for a customer's financial record only
   if such subpoena is authorized by law. Said subpoena shall specify
   what financial record is sought. A subpoena issued by a state agency
   or legislative committee shall be enforced pursuant to Section 315 of
   Title 75 of the Oklahoma Statutes.
   
   B. A copy of the subpoena shall be served on the customer or mailed to
   his last-known address on or before the date the subpoena is served on
   the financial institution.
   
   C. The customer shall have fourteen (14) days after the subpoena was
   served or mailed in which to file a motion to quash the subpoena on
   the following grounds:
   
   1. That the financial record sought is incompetent, irrelevant or
   immaterial for the purpose or purposes for which it is sought;
   
   2. That the release of the financial record would cause an
   unreasonable burden or hardship under the circumstances;
   
   3. That the government authority seeking said financial record is
   attempting to harass the customer; or
   
   4. That there is no merit in the purpose or purposes for which said
   financial record is sought.
   
   If the subpoena was issued by the district court, the motion to quash
   the subpoena shall be filed in the district court that issued the
   subpoena. If the subpoena was issued by a state agency or a
   legislative committee, the motion to quash the subpoena shall be filed
   with the state agency or legislative committee that issued the
   subpoena.
   
   D. A copy of the motion to quash filed by the customer shall be served
   by personal service or by mail on:
   
   1. A chairman, presiding officer, or any member of the governing body
   of the government authority seeking the records; and
   
   2. Any officer of the financial institution which has been served the
   subpoena,
   
   at least ten (10) days before any hearing on the motion to quash.
   
   E. Failure of the customer to file a motion to quash in the time
   provided for in subsection C shall constitute a waiver of his right to
   object to the release or disclosure of the financial record sought by
   the government authority.
   
   F. During the period for filing the motion to quash and continuing
   until a ruling is made on such motion, if one is filed the financial
   institution shall make available to its customer a copy of the records
   sought and shall preserve the original records without alteration.
   
   G. The notice and challenge procedures provided for in this section
   shall not apply when the financial records of the customer:
   
   1. Are sought pursuant to a subpoena in connection with litigation to
   which the customer is a party, including, but not limited to,
   litigation between a government authority and the customer; or
   
   2. Are sought pursuant to an administrative subpoena in an
   adjudicatory proceeding in which the customer is a party.
   

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