Ohio § 9.02
Full text of Ohio Ohio Revised Code § 9.02, with citation guidance and answers to common questions.
§ 9.02.
(A) As used in this section: (1) “ Customer ” means any person or authorized representative of that person who has maintained
or is maintaining an account or deposit of any type, or has utilized or is utilizing
any service of a financial institution, or for whom a financial institution has acted
or is acting as a fiduciary in relation to an account or deposit maintained in the
person's name. (2) “ Governmental authority ” includes the state, any political subdivision, district, or court, and any agency,
department, officer, or authorized employee of any of those entities. (3) “ Financial institution ” means any bank, building and loan association, trust company, credit union, licensee
as defined in section 1321.01, registrant as defined in section 1321.51 of the Revised Code , or person registered as a mortgage lender under Chapter 1322. of the Revised Code. (4) “ Financial record ” means any record, including statements or receipts, and checks, drafts, or similar
instruments, or information derived from such record, that is maintained by a financial
institution and that pertains to a deposit or account of a customer, a service of
the financial institution utilized by a customer, or any other relationship between
a customer and the financial institution. (5) “ Supervisory review ” means any examination of or other supervisory action with respect to a financial
institution, where such examination or action is conducted or taken pursuant to authority
granted under the Revised Code, or rules promulgated pursuant thereto by the agency
having regulatory jurisdiction over such institution. (B) Any party, including a governmental authority, that requires or requests a financial
institution to assemble or provide a customer's financial records in connection with
any investigation, action, or proceeding shall pay the financial institution for all
actual and necessary costs directly incurred in searching for, reproducing, or transporting
these records, if the financial institution is not a party to the investigation, action,
or proceeding, is not a subject of supervisory review in the investigation, action,
or proceeding, or is a party to the investigation, action, or proceeding solely by
reason of its holding of assets of another party defendant, with no cause of action
alleged against the financial institution. This payment shall be made to the financial institution promptly, whether or not
the financial records are entered into evidence. If the records are produced pursuant to a court order or subpoena duces tecum, the
party requesting the order or subpoena is responsible for making the payment. With respect to any judicial or administrative proceeding for which the records
are requested, payment of these costs shall be in addition to any witness fees. (C) The rates and conditions for making payments required by division (B) of this section
shall be established by rule by the superintendent of financial institutions. To the extent that they are applicable, such respective rules shall be substantially
like those adopted by the board of governors of the federal reserve system to regulate
similar fees required by the “Right to Financial Privacy Act of 1978,” 92 Stat. 3708, 12 U.S.C.A. 3415 . (D)(1) This section is not intended to expand, limit, or otherwise affect any authority
granted under federal law or the law of this state to any party, including a governmental
authority, to procure, request, or require a customer's financial records. This section does not apply to investigations or examinations conducted under authority
granted by Chapter 169., 1707., 3737., or 4735. of the Revised Code. (2) Division (B) of this section does not apply to financial records required to be assembled
or provided pursuant to a subpoena, demand for production, request for records, or
demand for inspection issued by or on motion of the attorney general or the organized
crime investigations commission, to a subpoena issued by or on motion of a prosecuting
attorney who has probable cause to believe that a crime has been committed, or to
a subpoena issued by a grand jury, if all of the following apply: (a) The financial records or copies of the financial records are subpoenaed for purposes
of a criminal investigation or prosecution; (b) The subpoena is delivered to the financial institution at least ten days before the
records are to be provided; (c) The subpoena identifies individual items to be provided or is for statements of the
customer's account for a specified period of time but only as is relevant to the possible
crime being investigated. If any financial record assembled or provided by a financial institution pursuant
to such a subpoena or any information derived from the financial record is introduced
as evidence in any criminal trial and if any nonindigent defendant is convicted of
an offense at that trial, the trial court shall charge against the defendant, as a
cost of prosecution, all actual and necessary costs directly incurred by the financial
institution in searching for, reproducing, or transporting the financial records provided
the financial institution is not a defendant at the trial. A defendant against whom costs are charged pursuant to this division shall pay the
costs to the court which shall forward the payment to the financial institution. For purposes of this division, the trial court shall determine whether a defendant
is indigent. The rates of payment established by rule pursuant to division (C) of this section
shall be used by the trial court in charging costs under this division. (E) Notwithstanding division (D) of this section, in any proceeding, action, or investigation
that involves an alleged violation of section 2921.02 , 2921.41 , 2921.42 , or 2921.43 of the Revised Code , that either involves a property interest of the state or occurred within the scope
of state employment or during the performance of a state public official's or state
public servant's duties, and in which a financial institution is required or requested
to assemble or provide financial records, the financial institution has a right of
reimbursement from the state treasury for all actual and necessary costs incurred
in searching for, reproducing, or transporting the financial records, at the rates
established by rule under division (C) of this section. The reimbursement shall be made only if the financial institution is not a party
to, or subject of the investigation, action, or proceeding, or is a party to the investigation,
action, or proceeding solely by reason of its holding assets of another party defendant,
with no cause of action alleged against the financial institution, and only if the
financial institution has not acted negligently in the management of the deposit,
account, service, or other relationship to which those financial records pertain. The reimbursement shall be made promptly, whether or not the financial records are
entered into evidence. As used in this division, “ state ” means only the state of Ohio and does not include any political subdivision.
Frequently Asked Questions About Ohio § 9.02
What does Ohio Revised Code § 9.02 cover?
Section 9.02 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 9.02?
A common citation format is "Ohio Revised Code § 9.02" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 9.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.