Legal Question in Family Law in Washington
bank account records
what is the requirement for a plaintiff in a family law case to subpoena another party's bank records? Does the financial institution have an obligation to notify the party whos records were the subject of the subpoena?
2 Answers from Attorneys
Re: bank account records
Parties can review bank records for accounts held by other parties. The financial institution has no obligation to notify anyone regarding a subpoena; the person requesting the information has a duty to notify the other party and the court.
If the requesting party does not tell the other party, the other party can ask the court to exclude the evidence. The problem with doing that is then the Court thinks somebody is hiding evidence, which doesn't help in a family law case.
Financial transparentcy will get you further.
Hope this helps. Elizabeth Powell
Re: bank account records
The parties are titled petitioner and respondent. To subpoena the other parties financial records, issue a subpoena for a deposition of the records custodian (a bank officer) telling them it is a deposition over the specific records and to bring them and put in a provision that allows the custodian to submit the records a few days ahead in lieu of appearing at the deposition. You should file a copy of the subpoena with the court and send a copy to the opposing party (or their attorney).