Pre- and Post-judgment Execution Proceedings
Discovery can be authorized for the production of documents for both pre-trial and post-trial actions. Most states either follow, or have modeled their procedures after, the Federal Rules of Civil Procedure Rule 69(a).
Judgment creditors (those who have received a favorable court ruling for monetary damages) are permitted to ask questions about a debtor's residence; recent employment history; business relationships, including partners, co-shareholders, co-officers, co-directors; the contents of a will; transfers of property; and the identity of persons who either owed a debt to the judgment debtor, or received things of value from the debtor. Information in bank accounts can also be the subject of a subpoena duces tecum.
In federal court proceedings concerning judgment debtors, the inquiry is usually limited to the discovery of assets. In international cases, being tried in United States Federal Courts, the application of the Hague Service Convention is utilized where appropriate.
Read more about this topic: Subpoena Duces Tecum
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