| 1. Service. A fiduciary institution shall disclose financial |
records under section 162 pursuant to a subpoena, summons, |
warrant or court order that on its face appears to have been |
issued upon lawful authority only if the subpoena, summons, |
warrant or court order is served upon the customer prior to |
disclosure by the fiduciary institution. The agency or person |
requesting the disclosure of financial records shall certify in |
writing to the fiduciary institution the fact that the subpoena, |
summons, warrant or court order has been served upon the |
customer. The court for good cause shown may delay or dispense |
with service of the subpoena, summons, warrant or court order |
upon the customer. The court shall delay or dispense with |
service of the subpoena, summons, warrant or court order upon the |
customer upon notice by the Attorney General, the Attorney |
General's designee or the District Attorney that service upon the |
customer would not be in the public interest. A subpoena, |
summons or warrant issued in connection with a criminal |
proceeding or state or federal grand jury proceeding, a request |
for information by the Department of Human Services for purposes |
related to establishing, modifying or enforcing a child support |
order or a trustee process lawfully issued need not be served |
upon the customer. |