Section 408.683

Title XXVI TRADE AND COMMERCE

Chapter 408

Effective - 28 Aug 1989   

  408.683.  Subpoena, government may obtain records with, when — procedure — notice required. — A government authority may obtain financial records pursuant to a subpoena if:

  (1)  There is reason to believe that the records sought are relevant to a government investigation;

  (2)  A copy of the subpoena has been served upon the customer or mailed to his last known address on or before the date on which the subpoena is served on the financial institution together with the following notice:

"Records or information concerning your transactions held by the financial institution named in the attached subpoena (or other process) are being sought by the (agency or department) in accordance with the Missouri Right to Financial Privacy Act for the following purpose:  (state purpose with reasonable specificity)

If you desire that such records or information not be made available, you must:

1.  State in writing that you are the customer whose records are being requested and give the reasons you believe the records are not relevant to the law enforcement inquiry stated in this subpoena or any other basis for objecting to the release of the records;

2.  File the statement by mailing or delivering it to the clerk of the court which issued or has the power to enforce the subpoena;

3.  Serve the government authority requesting the records by mailing or delivering a copy of your statement to it at the address stated in the notice; and

4.  Be prepared to go to court or to the issuing authority and present your position in further detail.  

You do not need to have a lawyer to represent yourself, although you may wish to employ one to represent you and protect your rights.  

If you do not follow the above procedures, upon the expiration of ten days from the date of service or fourteen days from the date of mailing of this notice, the records or information requested therein will be made available.  These records may be transferred to other government authorities for legitimate government investigations.";

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and

  (3)  Ten days have expired from the date of service of the notice or fourteen days have expired from the date of mailing the notice to the customer and within such time period the customer has not filed a statement or a motion to quash in an appropriate court, or the customer challenge provisions of section 408.686 have been complied with.

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(L. 1989 H.B. 82 § 6)