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.
Delaware Requests for Production of Documents in Federal Court to Judgment Debtor In the realm of legal proceedings, a judgment debtor is obligated to provide relevant documents and information to the court as part of the discovery process. In Delaware federal courts, the process is facilitated through Requests for Production of Documents, which aim to uncover crucial evidence and assets that may be available to satisfy a judgment. Here is a breakdown of the different types of Delaware Requests for Production of Documents in Federal Court to a judgment debtor, with a specific focus on property available to satisfy a judgment: 1. General Requests for Production of Documents: These requests are broad in nature and seek a wide range of documents and information that may be pertinent to the case at hand. They can include financial records, business contracts, correspondence, bank statements, tax returns, and any other documentation that may help establish the judgment debtor's financial situation and potential assets. 2. Interrogatories: Though not strictly a request for production of documents, interrogatories are another tool used in the discovery process. Interrogatories entail a series of written questions that the judgment debtor must respond to under oath. These questions may elicit information regarding property ownership, sources of income, liabilities, and debts. 3. Requests for Production of Specific Documents Relating to Property: These requests specifically target documents that pertain to the judgment debtor's property, with the aim of identifying assets that could potentially be used to satisfy the judgment. Documents requested may include property deeds, mortgage agreements, lease agreements, property appraisals, titles to vehicles, and any other records indicating ownership or valuation of assets. 4. Requests for Production of Financial Statements: To ascertain the judgment debtor's financial standing, requests for production of financial statements are typically employed. These may include bank statements, investment account statements, balance sheets, income statements, and profit and loss statements. By examining these documents, the court gains insight into the debtor's financial resources and potential avenues for recovery. 5. Requests for Production of Business Records: If the judgment debtor owns or operates a business, specific requests can be made to produce relevant business records. These may include accounting records, inventory documents, sales records, customer lists, and any other documentation that sheds light on the financial health and potential assets of the business. Overall, Delaware Requests for Production of Documents in Federal Court to a judgment debtor cover a broad spectrum of document types, all with the goal of uncovering assets that could be utilized to satisfy the judgment. Through careful examination of financial records, property documents, and business records, the court can ascertain the debtor's ability to fulfill their obligations and ensure justice is served.
