N.D. Cent. Code § 6-13-06: Waiver of privilege by financial institution - Grounds for determination of privilege - Civil, administrative, or criminal proceedings

1.The self-critical analysis privilege does not apply to the extent that it is expressly waived by the financial institution that prepared or caused to be prepared the compliance self-critical analysis audit document.

2.In a civil or administrative proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:

a.The privilege is asserted for a fraudulent purpose; or

b.The material is not subject to the privilege.

3.In a criminal proceeding, a court of record, after an in camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:

a.The privilege is asserted for a fraudulent purpose;

b.The material is not subject to the privilege; or

c.The material contains evidence relevant to commission of a criminal offense, and all three of the following factors are present:

(1)The commissioner, state's attorney, or attorney general has a compelling need for the information;

(2)The information is not otherwise available; and

(3)The commissioner, state's attorney, or attorney general is unable to obtain the substantial equivalent of the information by any other means without incurring prohibitive cost and delay.