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Rule 69.Execution Discovery

Last amended September 1, 1984 · Last verified July 13, 2026

In one sentenceRule 69 lets a judgment creditor use the ordinary discovery rules -- against the debtor or anyone else -- to track down assets and information needed to collect on a judgment or enforce an execution.

Full Text of Rule 69

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In aid of a judgment or execution, a judgment creditor or his successor in interest, when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.

Amendment History

Adopted July 9, 1984, effective September 1, 1984.

Reporter's Notes

Reporter’s Notes to Rule 69: Prior to 1984, there was no Rule 69. The Rule was adopted in 1984 to make the discovery procedures available to parties pursuing execution. The Rule is not intended to supersede the independent action for discovery found in Ark. Stat. Ann. §§ 30-901 through 30-908 (Repl. 1979), however, it supersedes Ark. Stat. Ann. § 30-906 (Repl. 1979), as it is to an extent duplicative of that section.

Plain-English Summary

Winning a judgment is only half the job; collecting on it is the other half, and that often requires finding out what the debtor owns, where it is, and who else might be holding it. Rule 69 answers that need by opening up the full discovery toolkit -- depositions, interrogatories, requests for production, and the rest -- to a judgment creditor acting in aid of a judgment or execution. The creditor can direct that discovery not only at the judgment debtor but at any other person who might have relevant information, such as a bank, an employer, or a third party holding the debtor's property.

The right to use this discovery is not limited to the original judgment creditor. A successor in interest can invoke Rule 69 too, as long as that succession appears of record, so an assignment of the judgment does not cut off access to post-judgment discovery.

Rule 69 works alongside, rather than in place of, the separate statutory action for discovery in aid of execution. It does not replace that independent proceeding, though it does take over the ground once covered by an overlapping statutory provision. In practice, Rule 69 is usually the more direct route, since it lets the creditor use the same discovery mechanisms already familiar from the rest of the case rather than starting a new proceeding.

Frequently Asked Questions

What is execution discovery used for?

Finding a judgment debtor's assets and income so the creditor can enforce the judgment -- for example, learning what property the debtor owns, where it is located, or what a bank or employer is holding on the debtor's behalf.

Can I take discovery from someone other than the judgment debtor?

Yes. Rule 69 lets a judgment creditor obtain discovery from any person, not only the debtor, which covers banks, business partners, or anyone else who might hold information about the debtor's assets.

What discovery tools are available under Rule 69?

The same ones available in the rest of a case -- depositions, interrogatories, requests for production, and the other discovery devices in these rules -- applied in aid of collecting a judgment or execution rather than in aid of proving the underlying claim.

Who can use Rule 69 to seek discovery?

The judgment creditor, or a successor in interest to the judgment, provided that succession is shown of record -- meaning the assignment or transfer has been documented in the case.

Does Rule 69 replace the separate statutory discovery action for collecting judgments?

No. It supplements rather than displaces the independent statutory action for discovery in aid of execution, though it does take the place of one narrower statutory provision that duplicated what Rule 69 now covers.

Source & verification. Rule text, Reporter's Notes, and amendment history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by the Arkansas Supreme Court. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source
Also known as: post-judgment discoveryexecution discovery rulediscovery in aid of judgmentjudgment debtor asset discoverydiscovery to collect a judgment