A.  General rule.  Neither a subpoena nor a court order shall be issued to an accountant or his representative to appear or testify in any criminal investigation or proceeding when the purpose of the subpoena or order is to ask the accountant or his representative to reveal information about a client or former client obtained in the course of representing the client unless the party issuing the subpoena executes and attaches to the subpoena an affidavit that:

(1)  The information sought is essential to the successful completion of an ongoing investigation, prosecution, or defense.

(2)  The purpose of seeking the information is not to harass the accountant or the client.

(3)  With respect to a subpoena, the subpoena lists the information sought with particularity, is reasonably limited as to subject matter and period of time, and gives timely notice.

(4)  There is no practicable alternative means of obtaining the information.

B.  Waiver.  Failure to object timely to noncompliance with the terms of this Article constitutes a waiver of the procedural protections of this Article, but does not constitute a waiver of any privilege.

C.  Binding effect of determination; notice to client.   The determination that an accountant-client privilege is not applicable to the testimony shall not bind the client or former client unless the client or former client was given notice of the subpoena.

D.  Exceptions.  This Article shall not apply in habitual offender proceedings when an accountant is called as a witness for purposes of identification of his client or former client.

E.  Scope.  Nothing in this Article is intended to affect the absolute privileges against disclosure contained in La. Rev. Stat. 37:86(B) through (E).

Acts 2001, No. 954, §1.