RULE 69. EXECUTION
Process to enforce a judgment for the payment of money is
a writ of execution, unless the
court directs otherwise. The procedures on execution and proceedings supplementary to and
in aid of a judgment and in aid of execution are in accordance with the statutes of this state.
In aid of the judgment or execution, the judgment creditor or a successor in interest if that
interest appears of record, may obtain discovery from any person, including the judgment
debtor, in the manner provided in these rules.
(a) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution, and in proceedings supplementary to and in aid of judgment or execution, must accord with the statutes of this state.
(b) Obtaining Discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person, including the judgment debtor, as provided in these rules.
Rule 69 was amended, effective 1971; March 1, 1990; March 1, 2011.
Rule 69 is
an adaptation of Rule derived
from Fed.R.Civ.P. 69(a) , FRCivP. The basic
procedure for enforcement of a judgment for the payment of money is statutory. Chapters
28-21 and 28-25, N.D.C.C.
This rule was amended in 1971 to make clear that all discovery procedures are available in aid of execution. Prior to that time, the judgment creditor could only "examine any person." That language appeared to preclude the use of certain types of discovery, including Rule 34 (production of documents, etc.).
Subdivision (b) of the federal rule does not apply to this State and was not incorporated into this rule.
Rule 69, was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The amendment is technical in nature and no substantive change is intended.
Rule 69 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee
Minutes of January 28-29, 2010, pages 20-21; April
20, 1989, page 2; December 3, 1987, page 11; January 17-18, 1980, pages 7-8;
Fed.R.Civ.P. 69(a) , FRCivP.