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North Dakota Century Code Title 6. Banks and Banking § 6-13-06. Waiver of privilege by financial institution--Grounds for determination of privilege--Civil, administrative, or criminal proceedings

Current as of January 01, 2024 | Updated by Findlaw Staff

1. The self-critical analysis privilege does not apply to the extent that it is expressly waived by the financial institution that prepared or caused to be prepared the compliance self-critical analysis audit document.

2. In a civil or administrative proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:

a. The privilege is asserted for a fraudulent purpose; or

b. The material is not subject to the privilege.

3. In a criminal proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:

a. The privilege is asserted for a fraudulent purpose;

b. The material is not subject to the privilege; or

c. The material contains evidence relevant to commission of a criminal offense, and all three of the following factors are present:

(1) The commissioner, state's attorney, or attorney general has a compelling need for the information;

(2) The information is not otherwise available; and

(3) The commissioner, state's attorney, or attorney general is unable to obtain the substantial equivalent of the information by any other means without incurring prohibitive cost and delay.

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Cite this article: FindLaw.com - North Dakota Century Code Title 6. Banks and Banking § 6-13-06. Waiver of privilege by financial institution--Grounds for determination of privilege--Civil, administrative, or criminal proceedings - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-6-banks-and-banking/nd-cent-code-sect-6-13-06/

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