RSA 359-C:10 · Obtaining Records by Subpoena

359-C:10 Obtaining Records by Subpoena. –

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I.

An officer, employee or agent of a state or local agency or department thereof may obtain financial or credit records under RSA 359-C:4, I(d), pursuant to a judicial subpoena or subpoena duces tecum only if:

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(a)

The subpoena or subpoena duces tecum is issued and served upon the financial institution or creditor and served upon or mailed to the customer; and

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(b)

Ten days after the service date passes, or 14 days after the mailing date passes without notice to the financial institution or creditor that the customer has moved to quash the subpoena. If testimony is to be taken, or financial or credit records produced, before a court, the notice periods provided for in this paragraph may be shortened by the court issuing the subpoena or subpoena duces tecum upon a showing of reasonable cause. The court shall direct that all reasonable measures be taken to notify the customer within the time so shortened.

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II.

Without limiting in any way the authority of the grand jury, a grand jury is authorized to and may, upon a resolution adopted by a majority of its members, obtain financial or credit records pursuant to a subpoena duces tecum bearing the authenticating signature of the clerk of court. The grand jury may appoint, by resolution, any person as its agent for purposes of receiving the information set forth in the subpoena. Notwithstanding RSA 359-C:4, IV, the grand jury may further adopt a resolution prohibiting any owner, officer, director, partner, employee, agent or attorney from a financial institution from notifying any person named in a subpoena about the existence or contents of such subpoena or that information has been furnished to a grand jury in response to such subpoena. Such resolution shall continue until such time as the customer has been notified pursuant to RSA 359-C:10, III, at which time the grand jury shall so notify the financial institution.

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III.

Upon issuing such subpoena or subpoena duces tecum, the judge shall order the grand jury to notify the customer in writing within 180 days of such issuance; provided, however, that the judge may shorten the 180 day period or, upon a showing of good cause, may extend such period beyond 180 days, but in no event beyond 360 days. The notice shall specify the financial or credit records which were examined and the reason for such examination. Source. 1977, 594:1. 1983, 174:6. 1992, 268:10, eff. July 17, 1992.

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