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Title XXVI TRADE AND COMMERCE

Chapter 408

previous next Effective - 28 Aug 1989bottom

  408.686.  Challenge to subpoena — procedure, appeals. — 1.  Within ten days of service or within fourteen days of mailing of a subpoena, a customer may file a motion to quash the subpoena, or an action to enjoin a government authority from obtaining financial records pursuant to a written process.  A motion to quash the subpoena shall be filed in the court which issued the subpoena or with the court that has the power to enforce the subpoena.  Such motion or application shall contain a sworn statement:

  (1)  Stating that the applicant is a customer of the financial institution from which financial records pertaining to him have been sought; and

  (2)  Stating the applicant's reasons for believing that the financial records sought are not relevant to the legitimate law enforcement inquiry stated by the government authority in its notice, or that there has not been substantial compliance with the provisions of sections 408.675 to 408.700.  

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Service shall be made under this section upon a government authority by delivering or mailing a copy of the papers to the address in the notice the customer received.

  2.  The government authority may file a response, which may be the subject of a protective order if the government includes in its response the reason such order is appropriate.  The court may conduct such additional proceedings as it deems appropriate.

  3.  If the court finds that there is substantial and competent evidence that the government investigation is legitimate and a reasonable belief that the records sought are relevant to that inquiry, it shall deny the motion and order such process enforced; provided, the court may order a limitation on the subpoena as a condition of enforcement.  If the court finds that there is not such evidence that the law enforcement inquiry is legitimate, or that there is no such evidence that the records sought are relevant to that inquiry, or that there has not been substantial compliance with the provisions of sections 408.675 to 408.700, it shall order the process quashed or shall enjoin the government authority's subpoena.

  4.  Any appeal from an order issued under this section shall be in accordance with the Missouri rules of civil procedure.

  5.  The governmental authority obtaining the records shall promptly notify the customer if a determination has been made that no legal proceeding against him is contemplated.  If no such decision has been made within one hundred eighty days from the date of the order granting access to the financial records, the governmental authority shall so notify the court and continue such notification at such intervals thereafter as the court may order.

  6.  The challenge procedures of sections 408.655 and 408.675 to 408.700 constitute the sole judicial remedy available to a customer to oppose disclosure of financial records pursuant to sections 408.675 to 408.700.

  7.  Nothing in sections 408.675 to 408.700 shall enlarge or restrict any rights of a financial institution to challenge requests for records made by a government authority under existing law.

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(L. 1989 H.B. 82 § 8)


---- end of effective   28 Aug 1989 ----

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