Can a judge who previously heard a case be subpoenaedfor the appeal?

UPDATED: Oct 1, 2022

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Can a judge who previously heard a case be subpoenaedfor the appeal?

During a dispute with my landlord management company the management company initially lied about their having access to my property for inspection. During a court proceeding I was able to ask the management company owner whether they were still sticking with that story. He then acknowledged that members of his firm had been in my home to do an inspection. I ultimately lost this particular case. However – I would like to use his admission in another case going forward. However – the only people in the room were the judge, the management company owner and his employee, and me. There was no court reporter or recording. For the next case how do I prove that the management company owner acknowledged changing his story and having had access to my house? Can I subpoena the judge from the old case as a witness in the new case?
Thank you for any help …

Asked on December 17, 2018 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't subpoeana a judge or anyone for an appeal: no new evidence or tetimony can be presented in an appeal, and appeals courts do not listen to witness testimony. Appeals are based on the "record" from the case you are appealing--the recording, the transcript, the exhibits, etc. It is very unusual fo there to be no recording or other record: court proceedings are always recorded, so something very strange was going on if this was not, and the lack of a recording or record may itself provide grounds to reverse the case and remand (send it back) for a new trial where a record of the proceeding will be made. This is a complex situation for a nonlawyer to work on, since it is outside the norm; hire a lawyer to help you either get the record and appeal, if you are mistaken and there is a recording or other record, or else file an appeal based on the lack of a record.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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