1. Any person requesting association records by subpoena in a civil court case shall reimburse the association fifteen dollars plus a fee of thirty-five cents per page for researching the records and copying or reproduction of such records.

2. If the requesting party provides the association a written affidavit, signed by all parties to whom the records pertain, granting permission to release the records at least fourteen days prior to the date scheduled for a records’ deposition, then the association may mail the records to the requesting party with a business records’ affidavit in lieu of an association officer appearing at a deposition. If an association officer must appear in court or at a records’ deposition in response to a subpoena, the requesting party shall be responsible for the association’s reasonable expenses incurred for appearing in court or at a deposition.

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Terms Used In Missouri Laws 369.371

  • Account: the monetary interest of the owner thereof in the deposit capital of an association and consists of the withdrawal value of such interest. See Missouri Laws 369.014
  • 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.
  • Association: a savings and loan association or a savings association subject to the provisions of this chapter. See Missouri Laws 369.014
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Person: any individual, corporation, entity, voting trust, business trust, partnership, association, syndicate, or organized group of persons whether incorporated or not. See Missouri Laws 369.014
  • Subpoena: A command to a witness to appear and give testimony.

3. A court may assess as costs against any party the expenses incurred and paid to an association for records produced or appearances in the civil action.

4. An association shall have no liability to an account holder for disclosing records in reliance on an affidavit to it in accordance with this section.