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.
North Dakota Requests for Production of Documents in Federal Court to Judgment Debtor in General When it comes to enforcing a judgment in the federal court system in North Dakota, various Requests for Production of Documents can be issued to the judgment debtor. These requests aim to gather relevant information and documents that can aid in identifying and seizing property to satisfy the judgment. Here are some key types of Requests for Production of Documents commonly used in North Dakota: 1. Financial Records: This type of request encompasses bank statements, tax returns, pay stubs, and any other pertinent financial documents. It allows the judgment creditor to evaluate the judgment debtor's financial status and uncover assets that may be available to satisfy the judgment. 2. Property Ownership Documents: These requests seek documents such as deeds, titles, and lease agreements to identify real estate and personal property owned by the judgment debtor. By examining property ownership documents, the judgment creditor can determine the value and availability of assets that can be seized and sold to satisfy the judgment. 3. Business Records: In cases where the judgment debtor is a business entity, requests for production may target business records, including financial statements, business contracts, and partnership agreements. These documents help assess the business's financial health and identify potential assets that can be utilized to satisfy the judgment. 4. Employment and Income Documents: These requests focus on employment information and income sources of the judgment debtor. Documents such as employment contracts, wage statements, and benefit records can be requested to determine the debtor's income and potential garnishable wages. 5. Communication Records: In some cases, requests for production may seek relevant communication records, such as emails, letters, and text messages, which could reveal hidden assets or transactions used to conceal funds. It is important to note that these types of requests are not exhaustive and may vary depending on the specific circumstances of the case. Moreover, the requesting party can tailor the requests to address specific concerns or seek additional documentation, supporting their efforts to satisfy the judgment efficiently. Overall, North Dakota provides a framework that empowers judgment creditors to obtain the necessary documents and information from judgment debtors to aid in the enforcement process. By utilizing Requests for Production of Documents strategically, judgment creditors can strengthen their position and increase their chances of recovering the due judgment.
