My bank account was subpeonaed. Will the bank share business account transactions or only personal account?
In Utah, where I practice law, here’s how the bank will respond to the subpoena (if the subpoena was properly issued and bank obeys the law and follows the court rules governing subpoenas):
- the bank will object to any part of the request if it believes there are grounds for objecting;
- if the bank sees no reason to object to some or part of the subpoena, then it will produce the documents that it has in its possession that are described in the subpoena, but the bank should not (and will not want to) produce any documents not requested.
So if the subpoena asked only for personal account documents, the bank should only produce those documents, no more, no less.
If the bank objects to some or part of the subpoena, or if you (or another party to the case) requests an order to protect some or all of the documentation subpoenaed from disclosure, the court may quash or modify the subpoena, or order compliance upon specified conditions. An order compelling compliance shall protect the person subject to or affected by the subpoena from significant expense or harm.
Utah Family Law, LC | divorceutah.com | 801-466-9277