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There use to be an exception for paying for production of bank records when the investigation was by a governmental agency involved in a criminal investigation. 30.007 of the Civil Prac and Rem Code. That has been changed to the Finance code, but I cannot find the exception language. Does anyone know the statute or citation? Thanks!
 
Posts: 41 | Location: Abilene, Taylor Co., TX. | Registered: January 16, 2002Reply With QuoteReport This Post
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I think you are looking for Finance Code 125.402 and 125.403.

Every time I've received a bill for the production of records I've cited attorney general opinion JC0181 and the business or hospital has voided it. It deals with grand jury subpoenas but its the same argument for court subpoenas as well.

https://www.texasattorneygener.../2000/htm/jc0181.htm.

If they refuse to produce records without payment then the solution is simple. Remind them that the subpoena is a requirement to bring the original documents to court and sending copies instead is just another means of complying. Set a hearing date and inform them they need to appear with the originals instead. I bet you will get your record then.
 
Posts: 107 | Location: Galveston, Tx. | Registered: May 17, 2007Reply With QuoteReport This Post
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Thanks, just for what I was looking!!
 
Posts: 41 | Location: Abilene, Taylor Co., TX. | Registered: January 16, 2002Reply With QuoteReport This Post
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