Disclosure under summons or subpoena
(1)A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful summons or subpoena, served upon the financial institution, as provided in this section or ORS chapter 25.
(2)The state or local agency issuing such summons or subpoena shall make personal service of a copy of it upon the customer.
(3)The summons or subpoena shall name the agency issuing it, and shall specify the statutory authority under which the financial records are being obtained.
(4)The summons or subpoena shall state that service of a copy thereof has been made upon the customer, and shall state the date upon which service was accomplished.
(5)Except as provided in subsection (6) of this section, a financial institution shall not disclose the financial records of a customer to a state or local agency, in response to a summons or subpoena served upon it, for a period of 10 days following service of a copy thereof upon the customer, unless the customer has consented to earlier disclosure. If the customer moves to quash such summons or subpoena, and the financial institution receives written notice of such action from the customer, all within 10 days following the date upon which a copy of the summons or subpoena was served upon the customer, the financial institution shall not disclose the financial records of said customer pursuant to said summons or subpoena unless:
(a)The customer thereafter consents in writing to the disclosure; or
(b)A court orders disclosure of the financial records to the state or local agency, pursuant to the summons or subpoena.
(6)Pursuant to the issuance of a summons or subpoena, a state or local agency may petition the court, and the court, upon a showing of reasonable cause to believe that a law subject to the jurisdiction of the petitioning agency has been or is about to be violated, may order that service upon the customer pursuant to subsection (2) of this section, information concerning such service required by subsection (4) of this section, and the 10-day period provided for in subsection (5) of this section be waived or shortened.
(7)Where the court grants such petition, a copy of the court order granting the same shall be attached to the summons or subpoena, and shall therewith be served upon the financial institution.
(8)The provisions of subsections (2) to (7) of this section do not apply to subpoenas issued pursuant to ORS chapter 25. [Formerly 192.565]
Atty. Gen. Opinions
Attorney General's Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; prohibition on disclosing marriage records, (1998) Vol 49, p 21