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Subpoena - Joint Account Holder Notification
by John Burnett, BOL Guru
Guru Bio
Question: It has been a while since I have received and worked on subpoenas and I am not sure of the basic rules. If the subpoena asks for any and all records on X account and any other account in the name of John Doe and John Doe is a cosigner on Jane Doe's account, do we provide those documents also and if so doesn't Jane need to be notified by the sender of the subpoena?
Answer: If John owns the account jointly, you have to supply the records. If you are permitted to notify the depositor (some federal grand jury subpoenas don't allow notice), send the notice to both account holders and indicate the subpoena is in John's name. If John is merely a signer on the account, the subpoena would not ordinarily reach the account in Jane's name, unless it specifically states that it includes accounts on which he is an authorized signer.
First published on BankersOnline.com 1/07/08
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