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Minnesota Legislature

Office of the Revisor of Statutes

13A.03 DELAYED NOTICE.
    Subdivision 1. Application. Upon application of the government authority, a customer
notice pursuant to section 13A.02, subdivision 3, may be delayed by order of an appropriate
court if the judge finds that:
(1) the law enforcement inquiry being conducted is within the lawful jurisdiction of the
government authority seeking the financial records;
(2) there is reason to believe that the records being sought are relevant to a legitimate law
enforcement inquiry; and
(3) there is reason to believe that the notice will result in (i) endangering life or physical
safety of any person; (ii) flight from prosecution; (iii) destruction of or tampering with evidence;
(iv) intimidation of potential witnesses; or (v) otherwise seriously jeopardizing an investigation or
official proceeding or unduly delaying a trial or ongoing official proceeding.
An application for delay must be made with reasonable specificity.
    Subd. 2. Order. If the court makes the findings required in subdivision 1, it shall enter an
ex parte order granting the requested delay for a period not to exceed 180 days and an order
prohibiting the financial institution from disclosing that records have been obtained. If the court
finds that there is reason to believe that the notice may endanger the life or physical safety of
any person, the court may specify that the delay be indefinite.
Extensions of the delay of notice of up to 90 days each may be granted by the court upon
application.
    Subd. 3. Notice. Upon expiration of the period of delay of notification under this section, the
customer shall be served with a copy of the notice required by section 13A.02, subdivision 3.
History: 1983 c 225 s 3