Legal Question in Appeals and Writs in California

Re: subpoena power

An appeal is essentially limited to the evidence already in the record. There is no new testimony. It isn't technically true that an appellate lawyer lacks subpoena power, but there is no reason why anything would be subpoenaed during the course of an appeal and thus there is seldom a reason to use this power at the appellate level.

An exception is in habeas corpus cases brought before the Court of Appeal, but it is usually a better idea to bring such cases in the trial court first -- especially where it seems there will be a need to subpoena additional evidence, since trial courts are better able to deal with evidentiary issues than are the appellate courts.