Section 369.371

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 369

Effective - 28 Aug 2000   

  369.371.  Costs of reproducing records — costs of appearing in court or deposition — limitation of liability. — 1.  Any person requesting association records by subpoena in a civil court case shall reimburse the association fifteen dollars plus a fee of thirty-five cents per page for researching the records and copying or reproduction of such records.

  2.  If the requesting party provides the association a written affidavit, signed by all parties to whom the records pertain, granting permission to release the records at least fourteen days prior to the date scheduled for a records' deposition, then the association may mail the records to the requesting party with a business records' affidavit in lieu of an association officer appearing at a deposition.  If an association officer must appear in court or at a records' deposition in response to a subpoena, the requesting party shall be responsible for the association's reasonable expenses incurred for appearing in court or at a deposition.

  3.  A court may assess as costs against any party the expenses incurred and paid to an association for records produced or appearances in the civil action.

  4.  An association shall have no liability to an account holder for disclosing records in reliance on an affidavit to it in accordance with this section.

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(L. 2000 S.B. 896)