Arizona Laws 13-1812. Bank records; subpoenas; affidavit of dishonor; affidavit of loss
A. The county attorney may issue a subpoena duces tecum to a financial institution to obtain account records or affidavits of dishonor in an investigation or prosecution of any violation of section 13-1802, 13-1807, 13-2002, 13-2310 or 13-2311. This section does not prevent the county attorney from obtaining a grand jury subpoena duces tecum for any of the suspect’s records that are held by a financial institution.
Terms Used In Arizona Laws 13-1812
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Check: means any check, draft or other negotiable or nonnegotiable instrument of any kind. See Arizona Laws 13-1801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Funds: means money or credit. See Arizona Laws 13-1801
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Issue: means to deliver or cause to be delivered a check to a person who thereby acquires a right against the drawer with respect to the check. See Arizona Laws 13-1801
- Obtain: means to bring about or to receive the transfer of any interest in property, whether to a defendant or to another, or to secure the performance of a service or the possession of a trade secret. See Arizona Laws 13-1801
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. The subpoena shall identify the subject of the investigation, the account or accounts under investigation and a specific time period that is relevant to the investigation or prosecution.
C. Account records may include copies of any account agreement between the drawee financial institution and the subject of the investigation, signature cards, monthly statements, correspondence or other records of communication between the financial institution and the subject of the investigation.
D. An authorized representative of a drawee financial institution may certify bank records that are obtained by subpoena if all of the following apply:
1. The bank records are the regular account records that are used and kept by the drawee financial institution.
2. The bank records are made at or near the time the underlying transactions occur in the ordinary course of business.
3. The bank records are made from information that is transmitted by a person who has firsthand knowledge acquired in the course of the drawee financial institution’s regular course of business.
E. At a trial for a violation of section 13-1802, 13-1807, 13-2002 or 13-2310, certified bank records that are obtained by subpoena may be introduced in evidence and constitute prima facie evidence of the facts contained in the records.
F. At a trial for a violation of section 13-1802, 13-1807, 13-2002 or 13-2310, an affidavit of dishonor may be introduced in evidence and constitutes prima facie evidence of either:
1. The refusal of a drawee financial institution to pay a check because the drawer had no account or a closed account with the drawee at the time a check was issued or passed.
2. The refusal of a drawee financial institution to pay a check because of insufficiency of the drawer’s funds at the time a check was issued or passed.
G. A certification of bank records or an affidavit of dishonor that is acknowledged by any notary public or other officer who is authorized by law to take acknowledgments shall be received in evidence without further proof of its authenticity.