Rule 69.Execution; postjudgment discovery.
Last amended January 1, 2019 · Last verified July 1, 2026
Full Text of Rule 69
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-18-0017, effective January 1, 2019.
Plain-English Summary
A monetary judgment is ordinarily enforced through a writ of execution unless the court directs otherwise, and a party can pursue proceedings supplementary to execution as these rules, statutes, and other law allow. If a judgment covers personal property that has special value to the winning party, the court can award a special writ for the seizure and delivery of that specific property, on top of whatever other relief applies. To find assets to satisfy a judgment, a judgment creditor — or a successor whose interest is on record — can pursue discovery from any person, including the judgment debtor, once any temporary stay following judgment has expired and no further stay has been ordered.
If enforcement of the judgment is stayed under the appellate rules or another court order, discovery can still proceed if the security posted doesn't cover the judgment's full value, including costs, fees, prejudgment interest, or punitive damages, or if discovery is necessary to protect the creditor's interest while post-trial motions or an appeal are pending. Even then, the court can limit that discovery to protect the party being questioned from undue burden or expense while the appeal plays out.
Frequently Asked Questions
How is a monetary judgment normally enforced?
Through a writ of execution, unless the court orders a different method.
Can I get discovery to find out what assets a judgment debtor has?
Yes, once any temporary stay after judgment has expired, a judgment creditor can obtain discovery from any person, including the debtor, to aid in collecting the judgment.
Can I still get discovery if enforcement of the judgment is stayed pending appeal?
Yes, in some cases — for example, if the posted security doesn't cover the full judgment, or if discovery is necessary to protect your interest while the appeal is pending, though the court can limit the scope to avoid undue burden.