Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian all of the following:

(1) A written request for disclosure in physical or electronic form.

Terms Used In North Carolina General Statutes 36F-12

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Trustee: A person or institution holding and administering property in trust.

(2) A verified copy of the trust instrument, or a certification of the trust under N.C. Gen. Stat. § 36C-10-1013, that includes consent to disclosure of the content of electronic communications to the trustee.

(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.

(4) If requested by the custodian, any of the following:

a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.

b. Evidence linking the account to the trust. (2016-53, s. 1.)

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