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.
Minnesota Requests for Production of Documents in Federal Court to Judgment Debtor in General: When pursuing a judgment debtor in federal court in Minnesota, one crucial tool available to creditors is the Requests for Production of Documents. This legal mechanism empowers the judgment creditor to obtain relevant information from the judgment debtor, aiding in identifying assets and determining their availability to satisfy the judgment. By serving a Request for Production of Documents, the creditor can compel the debtor to disclose specific documents and provide necessary evidence to support the judgment enforcement process. To initiate the process, the judgment creditor's attorney files a motion with the court, requesting permission to issue Requests for Production of Documents to the judgment debtor. If granted, these requests, customized to the specific case, require the debtor to produce specific documents or other tangible items related to their finances, assets, and liabilities. The Requests for Production of Documents typically cover various areas essential for the judgment creditor, such as: 1. Financial Statements and Records: These requests seek financial records, including bank statements, tax returns, financial statements, brokerage account records, investment portfolios, and any other documents reflecting the debtor's income, assets, liabilities, and transactions. 2. Real and Personal Property: This category aims to uncover details regarding properties owned by the judgment debtor. It includes requests for titles, deeds, mortgages, leases, rental agreements, property appraisals, and any other documents indicating the ownership, value, or encumbrances on real property. 3. Employment and Income: These requests aim to pinpoint the debtor's employment and income sources. They might include requests for employment contracts, pay stubs, W-2 forms, 1099s, and any other documents that showcase the debtor's employment status and earnings. 4. Business Records: In cases where the judgment debtor operates a business, requests may target the disclosure of business records. This might comprise documents like partnership agreements, articles of incorporation, financial statements, accounting records, and contracts associated with the business. 5. Transfers and Dispositions of Assets: This type of request delves into any recent transactions by the judgment debtor, aiming to uncover fraudulent transfers or illegal dissipation of assets. It may seek documents such as bills of sale, gift deeds, loan agreements, and any other records reflecting significant asset transfers or sales. 6. Financial Institutions: These requests target documentation related to the debtor's banking and financial transactions. They might include statements from financial institutions, loans, credit cards, safe deposit box inventories, and any other documents reflecting financial activities. Additional types: 1. Requests for Admissions: These requests aim to obtain admissions or denials from the judgment debtor on specific statements or allegations related to the case. Admissions can provide crucial evidence when proving certain facts or elements necessary for enforcing the judgment. 2. Interrogatories: Interrogatories are written questions that the judgment creditor submits to the judgment debtor, seeking detailed responses under oath. These questions can cover a wide range of topics related to the debtor's financial situation, assets, business dealings, and more. The precise content and scope of the Requests for Production of Documents and other discovery methods may vary depending on the case and the court's guidelines. However, each type of request plays a crucial role in providing the judgment creditor with valuable information to determine the availability of property to satisfy the judgment. By leveraging these tools, creditors can navigate the enforcement process more efficiently and increase their chances of successfully recovering what is owed to them.
