You may delay the delivery of documents until you have received reimbursement for the costs of production from the requesting attorney. The Illinois Banking Act’s privacy provisions allow a bank to be reimbursed for any costs it incurs in responding to a subpoena. The Illinois administrative rules provide additional detail on cost reimbursement, including that “delivery of the requested documents may be delayed until final reimbursement of all costs is received.” However, your bank must provide itemized invoices of all of your costs upon request. 

In the event that you receive full payment from the requesting attorney and still need additional time to produce the records, and the requesting attorney will not agree to the additional time, then we suggest retaining counsel to file a motion for an extension with the court where the matter is pending. Notably, when asking the attorney for additional time, you may find it helpful to point out that if you need to go to court for an extension, and your request is granted, your legal fees for the motion may be added to your costs for responding to the subpoena.

For resources related to our guidance, please see:

• Illinois Banking Act, 205 ILCS 5/48.1(g) (“A bank shall be reimbursed for costs that are reasonably necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, citation to discover assets, or court order. The Commissioner shall determine the rates and conditions under which payment may be made.”)

• Illinois Administrative Rules 38 Ill. Admin. Code 356.40 (“At the bank's or corporate fiduciary's option, it may prepare one or more reasonable estimates of the ultimate reimbursement of costs associated with a search for financial records in the form prescribed in Section 356.30 of this Part and require one or more partial payments before proceeding with the work of locating and reproducing the requested documents.  Delivery of the requested documents may be delayed until final reimbursement of all costs is received.”)

• Illinois Administrative Rules 38 Ill. Admin. Code 356.30 (“The bank or corporate fiduciary shall provide to the person requesting such records an itemized invoice indicating in specific detail the costs for: (a) personnel; (b) reproduction; (c) transportation; and (d) all other costs incurred in searching for, reproducing and transporting data pursuant to a request for financial records.”)