N.D. Cent. Code § 6-13-06
This is the official text of N.D. Cent. Code § 6-13-06, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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6-13-06. Waiver of privilege by financial institution - Grounds for determination of privilege - Civil, administrative, or criminal proceedings
Official statutory text
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.
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.
Status: in_force · Read it on the official government site
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