- A subpoena is a court order commanding an individual to testify or provide documents for a pending lawsuit. During a criminal investigation, a prosecutor may have to present the court with probable cause before obtaining a subpoena for bank records.
- During criminal investigations, a bank that is subpoenaed does not have to notify the individual whose bank records are accessed. In fact, the Patriot Act requires banks to report suspicious activity to the proper authorities.
- Private citizens also have the right to obtain a subpoena ducus tecum to obtain bank records during civil trials. Forms for the subpoena can be obtained from a court clerk's office in the resident's county.
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