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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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