Rule 34 of the Federal Rules of Civil Procedure provides in part as follows:
A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:
(A) any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations - stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or
(B) any designated tangible things.
Rule 69 of the Federal Rules of Civil Procedure provides in part as follows:
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 or by the procedure of the state where the court is located.
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 or by the procedure of the state where the court is located.
Missouri Requests for Production of Documents in Federal Court to Judgment Debtor in General and Regarding Property Available to Satisfy Judgment In the state of Missouri, requests for production of documents in federal court to a judgment debtor play a crucial role in the judgment enforcement process. When seeking to enforce a judgment, a judgment creditor may utilize requests for production to obtain information and documents pertaining to the judgment debtor's financial situation, assets, and property that could potentially be used to satisfy the outstanding judgment debt. 1. General Requests for Production of Documents: In a judgment enforcement scenario, general requests for production of documents allow the judgment creditor to obtain a broad range of information from the judgment debtor, including but not limited to: — Financial records: Bank statements, tax returns, income statements, and balance sheets that provide insight into the judgment debtor's financial well-being. — Employment and income information: Pay stubs, employment contracts, and any other relevant documentation that reveals the judgment debtor's current employment status and income sources. — Asset documentation: Titles and deeds to real estate, purchase and sale agreements, vehicle registrations, and any other documentation related to the ownership of valuable assets. — Business records: For judgment debtors involved in business activities, such as corporate entities or self-employed individuals, requests for production may include business contracts, financial statements, profit and loss statements, and any other relevant records. 2. Requests for Production Regarding Property Available to Satisfy Judgment: When the judgment creditor specifically seeks information regarding property that could potentially be used to satisfy the judgment, more targeted requests for production may be employed. These requests may include: — Real estate records: Titles, deeds, mortgage documents, and any other relevant records related to properties owned by the judgment debtor. — Personal property records: Documentation related to valuable personal assets, such as vehicles, boats, jewelry, artwork, or other valuable possessions that could be used to satisfy the judgment. — Bank and financial account statements: Requests for production can include statements from bank accounts, investment accounts, or any other financial instrument where the judgment debtor may have substantial assets. — Business asset documentation: For judgment debtors involved in business activities, requests can seek information regarding valuable machinery, equipment, inventory, or accounts receivable that could be utilized to satisfy the judgment debt. It is essential to note that while these requests for production allow the judgment creditor to gather relevant information and documentation from the judgment debtor, proper legal procedures need to be followed. The judgment creditor must serve these requests in accordance with the Federal Rules of Civil Procedure and any relevant local rules that apply in the jurisdiction where the case is being heard. By leveraging the power of requests for production of documents, a judgment creditor in Missouri's federal court can effectively uncover crucial information and documentation necessary to enforce their judgment and potentially satisfy the outstanding debt using the judgment debtor's available property.
