13-1812

13-1812. Bank records; subpoenas; affidavit of
dishonor; affidavit of loss

A. The county attorney may issue a subpoena duces tecum to a financial institution
to obtain account records or affidavits of dishonor in an investigation or prosecution of
any violation of section 13-1802, 13-1807, 13-2002, 13-2310 or 13-2311. This section
does not prevent the county attorney from obtaining a grand jury subpoena duces tecum for
any of the suspect's records that are held by a financial institution.

B. The subpoena shall identify the subject of the investigation, the account or
accounts under investigation and a specific time period that is relevant to the
investigation or prosecution.

C. Account records may include copies of any account agreement between the drawee
financial institution and the subject of the investigation, signature cards, monthly
statements, correspondence or other records of communication between the financial
institution and the subject of the investigation.

D. An authorized representative of a drawee financial institution may certify bank
records that are obtained by subpoena if all of the following apply:

1. The bank records are the regular account records that are used and kept by the
drawee financial institution.

2. The bank records are made at or near the time the underlying transactions occur
in the ordinary course of business.

3. The bank records are made from information that is transmitted by a person who
has firsthand knowledge acquired in the course of the drawee financial institution's
regular course of business.

E. At a trial for a violation of section 13-1802, 13-1807, 13-2002 or 13-2310,
certified bank records that are obtained by subpoena may be introduced in evidence and
constitute prima facie evidence of the facts contained in the records.

F. At a trial for a violation of section 13-1802, 13-1807, 13-2002 or 13-2310, an
affidavit of dishonor may be introduced in evidence and constitutes prima facie evidence
of either:

1. The refusal of a drawee financial institution to pay a check because the drawer
had no account or a closed account with the drawee at the time a check was issued or
passed.

2. The refusal of a drawee financial institution to pay a check because of
insufficiency of the drawer's funds at the time a check was issued or passed.

G. A certification of bank records or an affidavit of dishonor that is acknowledged
by any notary public or other officer who is authorized by law to take acknowledgments
shall be received in evidence without further proof of its authenticity.