North Dakota § 6-13-08 - Privilege - Burden of proof - Stipulation

§ 6-13-08. Privilege - Burden of proof - Stipulation

A financial institution asserting the compliance self-critical analysis privilege set forth in this chapter has the burden of demonstrating the applicability of the privilege. Once a financial institution has established the applicability of the privilege, a party seeking disclosure has the burden of proving that the privilege is asserted for a fraudulent purpose. The commissioner, state's attorney, or attorney general seeking disclosure of the privilege has the burden of proving the elements set forth in subdivisions a and c of subsection 3 of section 6-13-06. The parties may at any time stipulate in proceedings under section 6-13-06 or 6-13-07 to entry of an order directing whether the specific information contained in a compliance self-critical analysis audit document is or is not subject to the privilege provided under this chapter. Any such stipulation may be limited to the instant proceeding and, absent specific language to the contrary, is not applicable to any other proceeding.