§ 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.