If the bank is doing business in the United States it may be possible to obtain jurisdiction over the bank. If there are branches in the United States or offices that might be enough, but whether or not the bank will honor the subpoena is the real question here. It may be very difficult to obtain bank records from a completely out of country bank. I suggest you speak with a NJ attorney and explain the full details to obtain a more thorough answer.
Jason D. Stone
Stone Law, P.C.
Jason D. Stone 732-444-6303. This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
If it is TD bank you may get lucky as they are related to the TD in the States. Seek out a local attorney experienced in these matters.
The litigant can be ordered to produce the records if he/she is properly a party in this case. The Canadian Bank may not be subject to the orders of a US court, but there is certainly a legal proceeding available so that you can initiate an action in Canada for the sole purpose of issuing a subpoena, to which the bank will be required to respond.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
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