(a) Upon application of a government authority, the customer notice required under § 45-10-106 may be delayed by an order of the chancery court of Davidson County, or the court issuing a lawful subpoena, if the presiding chancellor or judge finds that:

Terms Used In Tennessee Code 45-10-117

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Customer: means a depositor, borrower, member, lessee, other person, or the personal or legal representative or estate thereof, who has, has had, or has contemplated a relationship with the financial institution that caused the financial institution to create, obtain, preserve or maintain financial records pertaining to the person or the person's affairs. See Tennessee Code 45-10-102
  • 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 a bank, savings and loan association, industrial loan and thrift company, credit union, mortgage broker, mortgage banker, or leasing company accepting deposits, making or arranging loans and making or arranging leases. See Tennessee Code 45-10-102
  • Government authority: means an agency or department of the state, or any officer, employee, or agent thereof. See Tennessee Code 45-10-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means any individual, partnership, corporation, association, trust or any other legal entity organized under the laws of this state, including any department or agency of this state, any county or municipal corporation located in this state, and any court of this state or of the United States. See Tennessee Code 45-10-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • records: means any original document, any copy of an original document, or any information contained in the document, other than a customer's name, address, and account number, held by or in the custody of a financial institution, where the document, copy or information is identifiable as pertaining to one (1) or more customers of the institution. See Tennessee Code 45-10-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena: means any writ, order, or other writing directed to a financial institution, or an officer thereof, and requiring the production of a financial record or records. See Tennessee Code 45-10-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The investigation being conducted is within the lawful jurisdiction of the government authority seeking the financial records;
(2) There is reason to believe that the records being sought are relevant to a legitimate law enforcement, investigative or administrative inquiry;
(3) There is reason to believe that the notice will result in:

(A) Endangering life or physical safety of any person;
(B) Flight from prosecution;
(C) Destruction of or tampering with evidence;
(D) Intimidation of potential witnesses;
(E) Jeopardizing an investigation or official proceeding or unduly delaying a trial or ongoing official proceeding; or
(F) The public health, safety or welfare is threatened; and
(4) The application for delay is made with reasonable specificity.
(b)

(1) If the court makes the findings required in subdivisions (b)(1)-(4), it shall enter an ex parte order granting the requested delay for a period not to exceed ninety (90) days and an order prohibiting the financial institution from disclosing that records have been obtained or that a request for records has been made.
(2) One (1) extension of the delay notice provided in subdivision (b)(1), of up to ninety (90) days, may be granted by the court upon application, but only in accordance with this section.
(3) Upon expiration of the period of delay of notification under subdivision (b)(1) or (2), the customer shall be served with or mailed a copy of the subpoena by the government authority, together with the following legend specifying the nature of the law enforcement inquiry:

“Records or information concerning your transactions, which are held by the financial institution named in the attached process or request were supplied to or requested by the government authority named in the process or request on (date). Notification was withheld pursuant to a determination by (title of court so ordering) under the Financial Records Privacy Act that such notice might (state reason). The purpose of the investigation or official proceeding was ______________.”

(c) When access to financial records is obtained pursuant to § 45-10-107(b), under emergency access, the government authority shall, unless a court has authorized delay of notice pursuant to subsections (a) and (b), as soon as practical after the records are obtained, serve upon the customer or mail by registered or certified mail to the customer’s last known address a copy of the subpoena or other documents noting the judicial proceedings in which the customer is a party.
(d) Any memorandum, affidavit, or other paper filed in connection with a request for delay in notification shall be preserved by the court. Upon petition by the customer to whom the records pertain, the court may order disclosure of the papers to the petitioner. If the petition is prior to the expiration of the period of delay ordered by the court or an extension thereof, the court may order disclosure, unless the court makes the findings required in subsection (a). If the petition is after expiration of the period of delay or an extension thereof, the court shall order disclosure unless the court makes a finding that the record should be sealed in the interest of justice.
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