Q: How does the customer ask that the subpoena be rejected?
A: The customer's attorney will file or submit a document called a “Motion to Quash,” which will set forth the reasons why the subpoena should be rejected. It is then up to the applicable court, state agency or legislative committee to determine whether the financial institution should be required to release the customer's financial records pursuant to the subpoena.
Q: Do these procedures apply if the customer is the subject of a criminal investigation or a multicounty grand jury investigation?
A: No. In those instances, the customer does not have a right to receive prior notice and a copy of the subpoena or search warrant.
PAULA BURKES, BUSINESS WRITER
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