Montana Code Annotated
Part 4. Operation and Regulation
32-1-492. Definitions -- reproduction of bank records -- admissibility in evidence -- cost recovery

32-1-492. Definitions -- reproduction of bank records -- admissibility in evidence -- cost recovery. (1) (a) For the purposes of this section, "bank records" includes any document, paper, letter, book, map, photograph, sound or video recording, magnetic tape, electronic-storage medium, or other information- recording medium used in a bank's normal course of business.
(b) (i) For the purposes of this section, "electronic storage" means the recording, storage, retention, maintenance, and reproduction of documents using microfilm, microfiche, data processing, computers, or other electronic process that correctly and legibly stores and reproduces documents.
(ii) A photographic, photostatic, miniature photographic copy, or reproduction of any kind, including electronic or computer-generated data that has been electronically stored and is capable of being converted into written form, must be considered an original record for all purposes and must be treated as an original record in all courts and administrative agencies for the purposes of admissibility in evidence.
(iii) A facsimile, exemplification, or certified copy of any reproduction referred to in subsection (1)(b)(ii) must, for all purposes, be considered a facsimile, exemplification, or certified copy of the original record.
(2) Except as provided in subsection (6), banks are authorized to make, at any time, photographic or photostatic copies or microfilm reproductions of any records or documents, including photographic enlargements and prints of microfilms, to be preserved, stored, used, and employed in carrying on business.
(3) In an action or proceeding in which bank records may be called in question or be demanded of a bank or any officer or employee of a bank, a showing that the records have been destroyed in the regular course of business is a sufficient excuse for the failure to produce the records.
(4) Upon the showing required in subsection (3), secondary evidence of the form, text, and contents of the original records, including photostatic, photographic, or microfilm reproductions, photographic enlargements, and prints of microfilm reproductions, when made in the regular course of business, is admissible in evidence in any court of competent jurisdiction or in any administrative proceeding.
(5) Any photostatic, photographic, or microfilm reproductions, including enlargements of the microfilm reproductions, made in the regular course of business of any original files, records, books, cards, tickets, deposit slips, or memoranda that were in existence on July 1, 1951, are admissible in evidence as proof of the form, text, and content of the originals that were destroyed in the regular course of business.
(6) A bank may, as a condition of providing bank records to a third party in response to a subpoena or to another legal procedure or request, charge and collect the actual costs incurred in locating, reproducing, and providing the bank records.
History: En. Sec. 2, Ch. 77, L. 1951; R.C.M. 1947, 5-1051; amd. Sec. 1, Ch. 237, L. 1997; amd. Sec. 85, Ch. 382, L. 1997; amd. Sec. 6, Ch. 100, L. 1999; amd. Sec. 21, Ch. 163, L. 2005.

Structure Montana Code Annotated

Montana Code Annotated

Title 32. Financial Institutions

Chapter 1. Banks and Trust Companies

Part 4. Operation and Regulation

32-1-401. Bank advertising before issuance of charter

32-1-402. When advertising as bank prohibited -- trade names restricted

32-1-403. Penalty for transacting business without certificate

32-1-404. through 32-1-410 reserved

32-1-411. Extent assets may be pledged

32-1-412. Limits on excessive borrowing

32-1-413. Borrowing money for capital purposes -- status of capital

32-1-414. No certificate of deposit to issue for borrowed money

32-1-415. through 32-1-419 reserved

32-1-420. Investment by trust fiduciary in management investment company or investment trust

32-1-421. Investment of capital of savings banks

32-1-422. Restriction on investment in corporate stock -- rulemaking authority

32-1-423. Real estate that banks may purchase, hold, or convey

32-1-424. Investments of financial institutions

32-1-425. Definitions

32-1-426. Deposit of securities in central depository

32-1-427. Fiduciaries -- deposit of securities with a federal reserve bank

32-1-428. reserved

32-1-429. Insurance activities -- exemption -- rulemaking

32-1-430. Authority of state banks to make real estate loans -- borrower insurance requirements

32-1-431. Repealed

32-1-432. Limitations on loans -- rulemaking

32-1-433. Investment in certain securities -- rulemaking authority

32-1-434. Financial institutions authorized to obtain insurance and make loans when approved by federal housing administrator

32-1-435. Federal housing securities eligible collateral

32-1-436. Repealed

32-1-437. Acceptance and issuance of drafts -- rulemaking authority

32-1-438. and 32-1-439 reserved

32-1-440. Financial institution's responsibility to provide notice when funds become available for withdrawal

32-1-441. Certified checks

32-1-442. Repealed

32-1-443. Repealed

32-1-444. Deposit in name of minor

32-1-445. Demand or time deposits

32-1-446. Safe deposit department

32-1-447. Giving security for deposit prohibited -- exceptions

32-1-448. Payments to foreign administrator

32-1-449. and 32-1-450 reserved

32-1-451. Statement of capital, resources, and liabilities

32-1-452. Dividends, surplus, losses, and bad debts

32-1-453. Calculation of profits

32-1-454. Past-due and doubtful paper

32-1-455. Reserve requirements

32-1-456. through 32-1-460 reserved

32-1-461. Bonding of employees

32-1-462. Persons previously convicted under banking laws -- bank employment

32-1-463. Sale of securities by officer to bank

32-1-464. Fraud by director, officer, agent, or employee

32-1-465. Limit on loans to officer, director, or principal shareholder

32-1-466. Purchase of obligation of bank by officer

32-1-467. Loans to managing officer

32-1-468. Removal of directors, officers, or employees -- hearing

32-1-469. and 32-1-470 reserved

32-1-471. Penalty for unlawful hypothecation of property received

32-1-472. Concealing actions from directors

32-1-473. Theft of funds by directors, officers, or employees

32-1-474. False statement to obtain loan

32-1-475. through 32-1-480 reserved

32-1-481. Bank holidays

32-1-482. Transaction on holidays

32-1-483. Closing on Saturdays authorized -- Saturday treated as holiday

32-1-484. Banking hours and business days

32-1-485. Interest payable at bank on Saturday -- how paid

32-1-486. through 32-1-490 reserved

32-1-491. Destruction of records

32-1-492. Definitions -- reproduction of bank records -- admissibility in evidence -- cost recovery

32-1-493. Admissibility of copies in evidence -- exception when original available

32-1-494. Destruction or reproduction "in regular course of business" defined

32-1-495. Application