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.

Added by Laws 1979, c. 191, § 4. Amended by Laws 1996, c. 346, § 2, eff. Nov. 1, 1996.