Form 18-2

This form should be used if the nonparty customer of the financial institution fails to return a signed authorization to release financial records. In accordance with Tex. Fin. Code § 59.006(d), the court, before ordering the requested records to be produced, may inspect the records to determine their rele­vance to the matter before the court. The court may also order redaction of portions of the records that the court determines should not be produced and must enter a protective order preventing the records that it orders produced from being (1) disclosed to a person who is not a party to the proceeding before the court and (2) used by a person for any reason other than resolving the dispute before the court. See Texas Finance Code section 59.006 regarding discovery of customer records and subsection (d), spe­cifically, regarding nonexecution of written consent. For discussion of discovery from financial insti­tutions, see section 18.16 in this chapter.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion to Inspect Financial Records of Nonparty

[Name of requesting party], Requesting Party, requests an in camera inspection of the records described in the [discovery request, e.g., Notice of Oral Deposition, Request for Pro­duction of Documents] attached as Exhibit [exhibit number/letter].

1.Facts.      Pursuant to Texas Finance Code section 59.006(c), Requesting Party gave notice to [name of nonparty customer] of a request for financial records and a copy of the request in the manner and within the time provided by Rule 21a of the Texas Rules of Civil Procedure. [Include if applicable: A copy of the notice is attached as Exhibit [exhibit number/letter].]

Requesting Party also filed a certificate of service with the court and financial institu­tion indicating that [name of nonparty customer] had been mailed or served with the notice and a copy of the request. [Include if applicable: A copy of the certified mail, return receipt requested card confirming service of notice in compliance with Texas Finance Code section 59.006(c)(1) on [name of nonparty customer] is included as Exhibit [exhibit number/letter].]

Requesting Party requested written consent from [name of nonparty customer] autho­rizing the financial institution to comply with the request. [Name of nonparty customer] did not execute the written consent as requested.

2.Grounds.      Pursuant to Texas Finance Code section 59.006(d), Requesting Party seeks an in camera inspection of the requested records if [name of nonparty customer] does not execute a written consent.

3.Prayer.      Requesting Party prays that an order granting this motion to inspect financial records be entered to permit Requesting Party an in camera inspection of the requested records and for all further relief to which Requesting Party may be entitled.

   
[Name]
Attorney for [name of requesting party]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]