Rule 34 of the Federal Rules of Civil Procedure provides in part as follows:
A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:
(A) any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations - stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or
(B) any designated tangible things.
Rule 69 of the Federal Rules of Civil Procedure provides in part as follows:
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 or by the procedure of the state where the court is located.
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 or by the procedure of the state where the court is located.
Title: Understanding Colorado Requests for Production of Documents in Federal Court to a Judgment Debtor and Regarding Property Available to Satisfy Judgment Introduction: When a judgment is issued against a debtor in federal court, the court may allow the prevailing party, known as the judgment creditor, to request certain documents from the judgment debtor. These requests for production of documents are crucial in uncovering evidence of the debtor's assets and help in identifying property available to satisfy the judgment. In Colorado, there are various types of requests for production of documents that can be filed. This article aims to provide a detailed description of Colorado requests for production of documents in federal court, specifically pertaining to judgment debtors and the identification of assets for satisfying the judgment. I. Overview of Requests for Production of Documents in Federal Court: 1. Definition and Purpose: Explain what requests for production of documents are and why they are essential in the legal process. 2. Procedure: Outline the general procedure for filing requests for production of documents in federal court. II. Colorado Requests for Production of Documents to a Judgment Debtor in General: 1. Scope of Inquiry: Highlight the broad range of documents that can be requested from the judgment debtor, ensuring they are reasonably calculated to lead to the discovery of admissible evidence. 2. Relevant Keywords: Discuss the usage of specific and relevant keywords to tailor the requests and maximize their effectiveness. 3. Objecting to the Requests: Explain the judgment debtor's right to object, grounds for objection, and the importance of complying with the court's instructions. III. Colorado Requests for Production of Documents Regarding Property Available to Satisfy Judgment: 1. Basis and Importance: Clarify the specific purpose of these requests, focusing on identifying the judgment debtor's assets that may be available to satisfy the judgment. 2. Document Examples: Provide a list of common documents that can be requested to determine the availability of property for judgment satisfaction, such as bank statements, real estate records, vehicle titles, and investment portfolios. 3. Privileged or Protected Documents: Discuss how certain documents may be privileged or protected under applicable laws and regulations. IV. Additional Types of Colorado Requests for Production of Documents: 1. Income and Financial Records: Explain how requests can be made to obtain the judgment debtor's income and financial records, including tax returns, pay stubs, and business financial statements. 2. Transfers and Dispositions: Address requests specifically aimed at uncovering any transfers or dispositions of assets made by the judgment debtor to avoid satisfying the judgment. 3. Business Records: Discuss requests targeting the judgment debtor's business records to determine potential hidden assets or fraudulent activities. Conclusion: Colorado requests for production of documents in federal court play a vital role in identifying assets available to satisfy a judgment. Both general requests to a judgment debtor and those specifically aimed at uncovering property are essential in the pursuit of justice. Understanding the procedures, scope of inquiry, and potential objections will ensure a comprehensive and effective approach to unveiling evidence of a judgment debtor's assets.
