Rule 2-633.Discovery in aid of enforcement
Circuit Court · Last amended August 1, 2020 · Last verified July 13, 2026
Full Text of Rule 2-633
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004; December 7, 2015, effective January 1, 2016; May 15, 2019, effective July 1, 2019; amended June 29, 2020, effective August 1, 2020.
Committee Note & Source
Committee note. The discovery permitted by this Rule is in addition to the discovery permitted before the entry of judgment, and the limitations set forth in Rules 2-411 (d) and 2-421 (a) apply separately to each. Thus, a second deposition of an individual previously deposed before the entry of judgment may be taken after the entry of judgment without leave of court. A second post-judgment deposition of that individual, however, would require leave of court. Melnick v. New Plan Realty, 89 Md. App. 435 (1991). Furthermore, leave of court is not required under Rule 2-421 to serve interrogatories on a judgment debtor solely because 30 interrogatories were served upon that party before the entry of judgment.
Cross references. See Rule 1-361.
Cross references. Code, Courts Article, §§ 6-411 and 9-119.
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 627.
Section (b) is in part new and in part derived from former Rule 628 b.
Section (c) is new.
Plain-English Summary
Winning a money judgment doesn't tell a creditor where the debtor's assets are. Rule 2-633 lets the creditor use the same discovery tools available before trial — depositions, interrogatories, and requests for documents — to find out, plus a distinct post-judgment tool: a sworn examination before a judge or an examiner.
To get an examination, the creditor waits at least 30 days after entry of the judgment and then requests one. The court orders the debtor, or anyone else who may hold the debtor's property, owe the debtor money, or know about concealed or fraudulently transferred assets, to appear and answer questions under oath. The order has to spell out when, where, and before whom the examination will happen, and it has to warn that skipping it can lead to a body attachment or contempt. A body attachment can issue for a no-show only if the person was personally served with the order or the creditor shows, by a detailed affidavit from someone with firsthand knowledge, that the person has been willfully evading service. The judge or examiner can also sequester witnesses waiting to be examined — everyone except the judgment debtor.
Examinations aren't a one-time event. After a first examination, the creditor can ask for another. If more than a year has passed since the last one, the court orders it as a matter of course; if less than a year has passed, the court can require the creditor to show good cause first. This post-judgment discovery runs on its own track — separate from whatever discovery happened before judgment, with its own limits on things like the number of depositions and interrogatories. Maryland courts have applied that separation to mean a witness deposed once before judgment can be deposed again after judgment without needing the court's permission, though a second post-judgment deposition of that same witness does require leave.
Frequently Asked Questions
How soon after winning a judgment can I request a debtor examination?
No earlier than 30 days after entry of the money judgment.
Who can be ordered to appear for examination — just the debtor?
No. The court can also order anyone else who may hold the debtor's property, owe the debtor a sum certain, or know about concealed, fraudulently transferred, or withheld assets.
What happens if the person ordered to appear doesn't show up?
They risk a body attachment directing a law enforcement officer to bring them before the court, and can be held in contempt. But a body attachment can issue only if the person was personally served with the order, or the creditor shows by a detailed affidavit that the person has been willfully evading service.
Can a creditor ask the same person to sit for a second post-judgment examination?
Yes. If more than a year has passed since the last examination, the court orders a new one on request. If less than a year has passed, the court can require the creditor to show good cause.
Does this discovery count against the limits from before the judgment?
No. Post-judgment discovery under this rule runs separately from pre-judgment discovery, with its own limits on depositions and interrogatories.