408.683. Subpoena, government may obtain records with, when--procedure--notice required.
Subpoena, government may obtain records with, when--procedure--noticerequired.
408.683. A government authority may obtain financialrecords pursuant to a subpoena if:
(1) There is reason to believe that the records sought arerelevant to a government investigation;
(2) A copy of the subpoena has been served upon thecustomer or mailed to his last known address on or before thedate on which the subpoena is served on the financial institutiontogether with the following notice:
"Records or information concerning your transactions held bythe financial institution named in the attached subpoena (orother process) are being sought by the (agency or department) inaccordance with the Missouri Right to Financial Privacy Act forthe following purpose: (state purpose with reasonablespecificity)
If you desire that such records or information not be madeavailable, you must:
1. State in writing that you are the customer whose recordsare being requested and give the reasons you believe the recordsare not relevant to the law enforcement inquiry stated in thissubpoena or any other basis for objecting to the release of therecords;
2. File the statement by mailing or delivering it to theclerk of the court which issued or has the power to enforce thesubpoena;
3. Serve the government authority requesting the records bymailing or delivering a copy of your statement to it at theaddress stated in the notice; and
4. Be prepared to go to court or to the issuing authorityand present your position in further detail.
You do not need to have a lawyer to represent yourself, althoughyou may wish to employ one to represent you and protect yourrights.
If you do not follow the above procedures, upon the expiration often days from the date of service or fourteen days from the dateof mailing of this notice, the records or information requestedtherein will be made available. These records may be transferredto other government authorities for legitimate governmentinvestigations.";
and
(3) Ten days have expired from the date of service of thenotice or fourteen days have expired from the date of mailing thenotice to the customer and within such time period the customerhas not filed a statement or a motion to quash in an appropriatecourt, or the customer challenge provisions of section 408.686have been complied with.
(L. 1989 H.B. 82 § 6)