To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: 1. A written request for disclosure in physical or electronic form; 2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; 3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and 4. If requested by the custodian: a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or b. Evidence linking the account to the principal.
‹ Prev All North Dakota sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.