Rule 69.Execution
Part VIII. Provisional and Final Remedies and Special Procedures · Last verified September 4, 2026
Full Text of Rule 69
Plain-English Summary
Rule 69 is one paragraph and it does three things.
The process
Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The default is fixed but not mandatory — the court can direct another route.
The procedure
The procedure on execution, and in proceedings on and in aid of execution, is in accordance with applicable statutes. The rule points outward here rather than supplying its own machinery; those statutes are not carried on this site.
Discovery in aid
The third sentence is the one practitioners use. In aid of the judgment or execution, the judgment creditor — or a 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.
Three points are packed into it. The discovery reaches any person, not only the debtor. It uses the ordinary discovery machinery of Part V, so Rules 30, 33, 34 and 45 are all available. And a successor in interest has the same power, provided the interest appears of record.
Rule 70 covers the different case of a judgment directing a specific act rather than the payment of money, and Rule 62(a) suspends execution until the appeal period has run.
Frequently Asked Questions
How is a money judgment enforced?
Rule 69 provides that process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise, and that the procedure on execution and in proceedings on and in aid of execution shall be in accordance with applicable statutes.
Can I take discovery to find assets?
Yes. Rule 69 allows the judgment creditor, in aid of the judgment or execution, to obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.
Can I depose someone other than the debtor?
Rule 69 permits discovery from any person, so it is not limited to the judgment debtor. The ordinary discovery rules and Rule 45's subpoena power apply.
Can a successor in interest use Rule 69?
Yes, where that interest appears of record.
When can execution issue?
Rule 62(a) provides that except as stated in that rule, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the time for appeal from the judgment has expired.