Section 59.006 - Discovery of Customer Records

3 Analyses of this statute by attorneys

  1. Subpoena Responses for Financial Institutions

    Bradley Arant Boult Cummings LLPKyle OwnensMarch 7, 2023

    ble rules of civil procedure. For example:FRCP 45 requires the issuing party to personally serve subpoenaed parties (FRCP 45(b)(1));some states statutes require the issuing party to open a miscellaneous action or obtain a commission and then serve the subpoena according to that state’s rules; andsome state rules permit service of subpoenas by less formal means, such as by certified mail or by email or social media if other methods of service are unsuccessful (for example, Ohio R. Civ. P. 45(B) (permitting certified mail service)).Comply with any additional forum-specific rules that apply, such as:rules governing service of subpoenas on other parties to the lawsuit (for example, FRCP 5(a)(1)(C) (requiring service of discovery papers, such as subpoenas, on all parties to the lawsuit); NY CPLR 3120(3) (requiring service of copies of the subpoena on all parties when serving the subpoenaed party)); andprocedures for obtaining customer records from financial services companies (for example, Tex. Fin. Code Ann. § 59.006 (requiring, among other things, at least 24 days to respond after service, payment of the financial services company’s reasonable costs of compliance or posting of a bond for that amount, and notice to any nonparty customer of the records request, and prohibiting a financial services company from producing records until the issuing party complies with the statute)).Subject to any limitations on service in a particular jurisdiction, parties in litigation generally do not need to subpoena the company directly and, instead, may subpoena specific employees of the company, such as a financial advisor or branch manager. In these cases, parties often serve their subpoenas at the branch office where the employee works. This approach could raise complications for document subpoenas, however, because the employees may not have possession, custody, or control of the documents. Branch offices should have a procedure in place to immediately forward subpoenas to a designated team or department.(For

  2. Texas Adopts New Legislation Protecting Vulnerable Persons From Financial Exploitation And Places New Burdens On Financial Institutions, Securities Dealers, and Financial Advisers

    Winstead PCDavid Fowler JohnsonSeptember 8, 2017

    A financial institution shall provide access to or copies of records relevant to the suspected financial exploitation to the Department, law enforcement or a prosecuting attorney. The provisions in Texas Finance Code Section 59.006 relating to notice and reimbursement for customer records do not apply to these provisions.III. Securities Dealers and Financial AdvisersProfessionals’ Duties To Report.

  3. GRAND JURY SUBPOENA FOR BANK RECORDS DOES NOT CONSTITUTE A “TAKING” FOR CONSTITUTIONAL JUST-COMPENSATION PURPOSES

    Carrington, Coleman, Sloman & Blumenthal, L.L.P.Ken CarrollAugust 26, 2014

    The Bank conceded it had a duty to comply, and did so, but argued that requiring it to comply without reimbursement of its costs of making the production—over $16,000 in this case—constituted a taking of property for public use without just compensation. Accordingly, the Bank contended, the subpoena and the statute governing production of financial records, Texas Finance Code § 59.006, are unconstitutional as applied. In an opinion that disposed of a number of other issues along the way, the Dallas Court of Appeals rejected the Bank’s plea.