This notice should be used to obtain discovery from a financial institution concerning its customer who is not a party to the suit. See Texas Finance Code section 59.006 regarding discovery of customer records and subsection (c), specifically, regarding requests to a nonparty. For discussion of discovery from financial institutions, see section 18.16 in this chapter. This notice should be sent by both certified and regular first-class mail.
Notice to Nonparty of Request for Financial Records
[Date]
[Name and address of nonparty customer]
Re: [style of case]
Cause No. [number]
[designation and location of court]
[Salutation]
Attached please find [name of requesting party]’s (“Requesting Party”) proposed [discovery request, e.g., Notice of Oral Deposition, Request for Production of Documents] (“Record Request”) to be served on [name of financial institution] in accordance with Texas Finance Code section 59.006. You have the right to prevent or limit the financial institution’s compliance with this Record Request by seeking an appropriate remedy, including filing a motion to quash the Record Request or a motion for a protective order. Any motion filed shall be served on [name of financial institution] and the Requesting Party before the date that compliance with the Record Request is required. A financial institution is not liable to its customer or another person for disclosure of a record in compliance with this section.
Before [name of financial institution] may release your records, you can choose to sign an authorization to release the records, as permitted by Texas Finance Code section 59.006(c)(3).
If you do not execute the authorization form by [date], the Requesting Party will ask the court to inspect the requested records in chambers, as permitted by Texas Finance Code section 59.006(d). The court may order [name of financial institution] to produce the requested records without your consent. Thus, if you do not wish those records to be produced, you bear the burden under Texas Finance Code section 59.006(e) of preventing or limiting [name of financial institution]’s compliance with the Record Request. You can fulfill that burden by seeking an appropriate remedy with the court, including filing a motion to quash the Record Request or a motion for a protective order.
If you choose to authorize the Requesting Party to inspect the records, please return the enclosed authorization to me, signed and notarized, in the self-addressed, stamped envelope provided.
Sincerely yours,
[Name of attorney]
Certified Mail No. [number]
Return Receipt Requested
Enc. [copy of record request]
Authorization to Release Financial Records
Date: ______________
To Whom It May Concern:
Re: [name and address of nonparty customer]
I, __________________________, authorize [name of attorney of requesting party] or the law firm of [name of law firm] or their agents to inspect the originals and to make copies of the following financial records maintained by [name of financial institution]:
[List records to be produced from discovery request.]
In making this authorization, I release [name of financial institution] and its officers, directors, and employees from legal responsibility or liability for releasing the requested records to the extent indicated and authorized in this document. [Name of financial institution] is expressly authorized to accept a copy of this authorization as though it were an original.
Information obtained by this authorization is for use in pending litigation and shall not be disseminated for any other purpose.
Signature
Printed or typed name
Address
City, state, zip