North Dakota Code 6-13-06 – Waiver of privilege by financial institution – Grounds for determination of privilege – Civil, administrative, or criminal proceedings
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.
Terms Used In North Dakota Code 6-13-06
- Commissioner: means the commissioner of financial institutions. See North Dakota Code 6-01-02
- 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.
- Financial institution: means any bank, industrial loan company, or savings and loan association organized under the laws of this state or of the United States. See North Dakota Code 6-01-02
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See North Dakota Code 6-01-02
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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.