Subpoena of bank records in a foreclosure appellate case.

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My house was sold in a foreclosure sale in 2012 after my case for unlawful foreclosure was lost at the demurrer stage. I am now arguing Glaski on appeal. The Opening Brief was filed, response was received and so was the Appellant Consolidated Reply Brief was filed. Now awaiting court date. Even at this late stage, I wish to subpoena some bank records. I know that they cannot be introduced at the oral arguments but this information would be crucial to my case if it is referred back to the trial court. Is there any reason why I cannot subpoena the needed info. at this stage? Thanks for your responses.

3 Attorney Answers

Best Answer
If you're relying on Glaski, I do not like your chances of success. Glaski has been disapproved in all subsequent appellate cases. Additionally, Glaski was not a UD case.
With respect to discovery pending appeal, you will need to move the appellate court. See, Code of Civil Procedure section 2036.010 to 2036.050.
Best Answer
Agree with excellent analysis and advice provided by Michael Daymude. Nothing to add.

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