408.686. Challenge to subpoena--procedure, appeals. - Missouri Statutes

Challenge to subpoena--procedure, appeals.

408.686. 1. Within ten days of service or within fourteendays of mailing of a subpoena, a customer may file a motion toquash the subpoena, or an action to enjoin a government authorityfrom obtaining financial records pursuant to a written process. Amotion to quash the subpoena shall be filed in the court whichissued the subpoena or with the court that has the power toenforce the subpoena. Such motion or application shall contain asworn statement:

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

(2) Stating the applicant's reasons for believing that thefinancial records sought are not relevant to the legitimate lawenforcement inquiry stated by the government authority in itsnotice, or that there has not been substantial compliance withthe provisions of sections 408.675 to 408.700.

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

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

3. If the court finds that there is substantial andcompetent evidence that the government investigation islegitimate and a reasonable belief that the records sought arerelevant to that inquiry, it shall deny the motion and order suchprocess enforced; provided, the court may order a limitation onthe subpoena as a condition of enforcement. If the court findsthat there is not such evidence that the law enforcement inquiryis legitimate, or that there is no such evidence that the recordssought are relevant to that inquiry, or that there has not beensubstantial compliance with the provisions of sections 408.675 to408.700, it shall order the process quashed or shall enjoin thegovernment authority's subpoena.

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

5. The governmental authority obtaining the records shallpromptly notify the customer if a determination has been madethat no legal proceeding against him is contemplated. If no suchdecision has been made within one hundred eighty days from thedate of the order granting access to the financial records, thegovernmental authority shall so notify the court and continuesuch notification at such intervals thereafter as the court mayorder.

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

7. Nothing in sections 408.675 to 408.700 shall enlarge orrestrict any rights of a financial institution to challengerequests for records made by a government authority underexisting law.

(L. 1989 H.B. 82 § 8)