(a) Money judgment; Applicable procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution, and in proceedings supplementary to and in aid of judgment or execution, must accord with the statutes of this state.
Rule 69.Execution
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 69 lets a party enforce a money judgment by writ of execution under North Dakota statute, and lets the judgment creditor use the full range of discovery — including examining the judgment debtor — to track down assets in aid of collecting it.
Full Text of Rule 69
(b) Obtaining discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person, including the judgment debtor, as provided in these rules.
Explanatory Note
Rule 69 was amended, effective 1971; March 1, 1990; March 1, 2011. Rule 69 is derived from Fed.R.Civ.P. 69(a). The basic procedure for enforcement of a judgment for the payment of money is statutory. Chapters 28-21 and 28-25, N.D.C.C. This rule was amended in 1971 to make clear that all discovery procedures are available in aid of execution. Prior to that time, the judgment creditor could only "examine any person." That language appeared to preclude the use of certain types of discovery, including Rule 34 (production of documents, etc.). Subdivision (b) of the federal rule does not apply to this State and was not incorporated into this rule. Rule 69, was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The amendment is technical in nature and no substantive change is intended. Rule 69 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 69(a) sets the default tool for enforcing a money judgment: a writ of execution, unless the court orders something else. The rule itself does not spell out the mechanics. Execution, and any proceedings supplementary to or in aid of a judgment or execution, follow North Dakota statute — chapters 28-21 and 28-25 of the Century Code carry the actual procedure.
Rule 69(b) answers a different question: how does a judgment creditor find out what the debtor owns? The rule lets the judgment creditor, or a successor in interest whose interest appears of record, obtain discovery from any person — including the judgment debtor — using the same discovery tools available in ordinary litigation. That is a broader grant than it looks. Before a 1971 amendment, a judgment creditor could only "examine" the debtor, language the courts read as blocking tools like Rule 34 document production. The amendment opened up interrogatories, depositions, and document requests as ways to locate assets, not just live questioning.
Later amendments were housekeeping rather than substance. A 1990 change tracked a 1987 update to the federal rule, and the 2011 revision reorganized the language for style and consistency across the rules without changing what the rule does.
Frequently Asked Questions
How is a money judgment enforced in North Dakota district court?
By a writ of execution, unless the court directs a different procedure. The actual mechanics of execution, and of proceedings supplementary to or in aid of a judgment or execution, come from state statute — chapters 28-21 and 28-25 of the North Dakota Century Code — rather than from the rule itself.
Can a judgment creditor depose the judgment debtor or send interrogatories to find hidden assets?
Yes. Rule 69(b) allows the judgment creditor to obtain discovery from any person, including the judgment debtor, using the discovery procedures available under these rules — not just a live examination.
Who besides the original judgment creditor can use Rule 69 discovery to find assets?
A successor in interest whose interest appears of record can obtain the same discovery, so a person who has acquired the judgment through assignment or similar transfer is not left without a way to collect.
Does Rule 69 discovery reach only the judgment debtor, or third parties too?
It reaches any person. The rule is not limited to questioning the debtor directly; it can be used to obtain information from other people who might know where the debtor's assets are.
Did Rule 69 always allow full discovery in aid of execution?
No. Before a 1971 amendment, the rule let a judgment creditor only "examine" a person, language that appeared to block tools such as Rule 34 document production. The amendment made clear that all discovery procedures are available in aid of execution.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as: nd writ of executionmoney judgment collection north dakotajudgment creditor discovery ndpost-judgment discovery north dakotacollecting on a civil judgment nd