(a) In general. After the return of a writ of execution that does not fully satisfy a judgment debt, the judgment creditor may move for permission to depose the judgment debtor in aid of enforcing the judgment and to require the judgment debtor to produce at the deposition, documents and things that bear on the judgment debtor's ability to satisfy the judgment debt. Upon such a motion, the presiding judge shall order the judgment debtor to appear for a deposition and to produce at the deposition, as the presiding judge considers appropriate, documents and things that bear on the judgment debtor's ability to satisfy the judgment.
Rule 69.2.Deposition in aid of enforcing judgment
Title IX: Provisional and Final Remedies · Last amended March 25, 2025 · Last verified July 14, 2026
In one sentenceRule 69.2 lets a judgment creditor depose a judgment debtor after a writ of execution fails to collect the full debt, forcing the debtor to answer questions and hand over records about assets that could pay what is owed.
Full Text of Rule 69.2
(b) Deposition of a judgment debtor who resides in the county. If the judgment debtor resides in the county in which the judgment was obtained, the presiding judge may order that the deposition be held (1) at the county courthouse, (2) at another location arranged by the judgment creditor, or (3) by video conference. In any of these instances, the presiding judge or a judge designated by the presiding judge may appear, administer the oath, and officiate by video conference.
(c) Deposition of a judgment debtor who resides outside the county. If the judgment debtor resides outside the county in which the judgment was obtained, the presiding judge may order that the deposition be held (1) at a location arranged by the judgment creditor in the county in which the judgment debtor resides, or (2) by video conference. In either instance, the presiding judge or a judge designated by the presiding judge may appear, administer the oath, and officiate by video conference.
Amendment History
(Adopted March 25, 2025, effective March 25, 2025.)
Plain-English Summary
Winning a judgment is one thing. Collecting on it is another. Rule 69.2 gives a creditor a tool for that second problem. Once a writ of execution comes back without satisfying the debt, the creditor can ask the presiding judge for permission to depose the debtor. The judge then orders the debtor to sit for questioning and bring documents and records that bear on the debtor’s ability to pay — bank statements, pay records, property records, and the like.
The rule also sets the logistics. If the debtor lives in the county where the judgment was entered, the deposition can happen at the courthouse, at another location the creditor arranges, or by video conference. If the debtor lives elsewhere, the deposition moves to the debtor’s home county or proceeds remotely. Either way, the presiding judge or a designated judge can appear and administer the oath by video, which keeps the process moving without dragging everyone into the same room.
Frequently Asked Questions
When can a creditor use Rule 69.2?
Only after a writ of execution has been returned and the judgment still is not fully paid. The creditor then moves for permission to depose the debtor about assets and income that could satisfy the balance.
What must the debtor bring to the deposition?
Whatever documents and things the presiding judge orders that bear on the debtor’s ability to pay the judgment — things like financial records, property deeds, or account statements.
Where does the deposition take place?
It depends on where the debtor lives. For a debtor in the county where the judgment was obtained, the judge can pick the courthouse, another location the creditor arranges, or a video conference. For a debtor living outside that county, the options are a location in the debtor’s home county or a video conference.
Who administers the oath at the deposition?
The presiding judge, or another judge the presiding judge designates, can appear in person or by video conference to administer the oath and officiate.
Does the debtor have to answer the questions?
The rule directs the judge to order the debtor to appear and produce the requested documents. A debtor who ignores that order risks the enforcement tools available under other rules, including contempt.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
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