(a) In general. An appealable final judgment, or a partial judgment if certified as final under Rule 54(b), for the payment of money, or a court order for the payment of money, is enforced by a writ of execution unless the court directs otherwise. A writ of execution must not be issued for an amount other than the face amount of the judgment, and costs and attorney fees approved by the court, without an affidavit of the party or the party's attorney verifying the computation of the amount due under the judgment. The clerk may rely upon an affidavit in issuing a writ of execution. After service of the writ of execution, the sheriff must make a return to the clerk of the court and indicate the amount of the service fees and whether they were collected by the sheriff. Any balance of the service fees of the writ of execution not collected by the sheriff must be added to the judgment by the clerk as provided in Rule 54(d).
Rule 69.Execution
Title IX: Provisional and Final Remedies · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 69 governs how a money judgment is enforced through a writ of execution and how a judgment creditor can use discovery to track down a debtor's assets.
Full Text of Rule 69
(b) Procedure on execution. The procedure on execution, in proceedings supplementary to and in aid of judgment, and in proceedings on and in aid of execution must be in accordance with the statutes of the state of Idaho and as provided in these rules.
(c) Obtaining discovery. In aid of the judgment or execution, the judgment creditor or successor in interest whose interest appears of record may obtain discovery from any person, including the judgment debtor, as provided in these rules and may examine any person, including the judgment debtor, in the manner provided by these rules.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Once a court enters a final judgment, or a certified partial judgment, for the payment of money, Rule 69(a) makes a writ of execution the standard tool for enforcing it, unless the court orders a different route. The writ cannot demand more than the judgment's face amount plus approved costs and fees without an affidavit verifying how that total was calculated, and the clerk can rely on that affidavit to issue the writ. After the sheriff serves the writ, the sheriff reports back to the clerk on the service fees collected, and any uncollected balance gets added to the judgment.
Beyond the writ itself, Rule 69(b) sends the mechanics of execution, and any supplementary proceedings to enforce it, to Idaho's execution statutes read together with the civil rules. Rule 69(c) gives the judgment creditor, or someone who has succeeded to that interest of record, a powerful follow-up tool: the ability to use ordinary discovery, including examining the judgment debtor or any other person, to find out what assets exist and where they are, so the judgment can get paid.
Frequently Asked Questions
What is a writ of execution used for?
Under Rule 69(a), it is the standard method for enforcing a final money judgment or a court order requiring payment of money, unless the court directs a different procedure.
Can the sheriff collect more than the judgment amount under a writ of execution?
No. Rule 69(a) limits the writ to the judgment's face amount plus court-approved costs and attorney fees, verified by affidavit.
What happens if the sheriff cannot collect all the service fees for the writ?
Rule 69(a) requires the clerk to add any uncollected balance of the service fees to the judgment.
Can a judgment creditor find out what assets a debtor has?
Yes. Rule 69(c) lets the judgment creditor use discovery, including examining the judgment debtor or any other person, to locate assets in aid of the judgment or execution.
Where do the detailed procedures for execution come from?
Rule 69(b) points to Idaho's execution statutes, applied together with the civil rules, for the procedure on execution and related supplementary proceedings.
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
Also known as: writ of executionenforcing a money judgmentjudgment debtor discoverycollecting a judgment idaho