{"data":{"id":"us-nd/n.d.-cent.-code-6-13-06","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 6-13-06","heading":"Waiver of privilege by financial institution - Grounds for determination of privilege - Civil, administrative, or criminal proceedings","body":"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.\n2.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:\na.The privilege is asserted for a fraudulent purpose; or\nb.The material is not subject to the privilege.\n3.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:\na.The privilege is asserted for a fraudulent purpose;\nb.The material is not subject to the privilege; or\nc.The material contains evidence relevant to commission of a criminal offense, and all three of the following factors are present:\n(1)The commissioner, state's attorney, or attorney general has a compelling need for the information;\n(2)The information is not otherwise available; and\n(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.","path":["Title 6 Banks And Banking","Chapter 6-13 Self-Critical Analysis Privilege Of Financial Institutions"],"source_url":"https://ndlegis.gov/cencode/t06c13.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"f35392641cec662dd037b7a3bdeb6eb908324a236e8e2babc0807241f027d118","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-6-13-05","next":"us-nd/n.d.-cent.-code-6-13-07"},"notice":"GroundRules: Original legal text. Not legal advice."}