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.
Cuyahoga County, Ohio, located in the northeastern part of the state, is home to a diverse population and is known for its vibrant city of Cleveland. The county includes various suburbs and townships, offering a mix of urban and suburban lifestyles. Cuyahoga County is also the host to the federal court system, where individuals and entities may pursue legal actions to obtain judgments against debtors who owe them money. In the context of a federal court case, a judgment debtor, the party against whom a judgment has been rendered, may be required to provide certain documents through the process of Requests for Production. These requests seek the disclosure and submission of relevant documents to assist in satisfying the judgment or determining the available property that can be used to satisfy the judgment. Below, we outline the types of Requests for Production of Documents that may be relevant in Cuyahoga County, Ohio: 1. General Requests for Production: General requests seek the production of documents and information necessary to assess the judgment debtor's financial situation. This may include bank statements, tax returns, financial statements, employment records, and any other documents related to the debtor's income, assets, liabilities, and financial transactions. 2. Requests for Production Regarding Real Property: If the judgment creditor suspects the judgment debtor owns real estate in Cuyahoga County, requests may be made specifically targeting documents related to the debtor's property holdings. This could involve deeds, mortgage documents, property tax records, rental agreements, or any other documentation relevant to identifying and assessing the value of the real estate. 3. Requests for Production Regarding Personal Property: In cases where the judgment creditor believes the debtor possesses valuable personal property, requests may be made to produce documents related to the ownership, possession, or transfer of such assets. These documents could include titles, registration records, purchase agreements, insurance policies, or any other paperwork indicating ownership or value. 4. Requests for Production Regarding Business Entities: If the judgment debtor operates a business, requests may be issued to uncover information regarding the company's financial condition, assets, and income. This could involve requesting corporate tax returns, financial statements, bank records, partnership agreements, contracts, or any other relevant documents that may assist in identifying and valuing the available assets to satisfy the judgment. 5. Requests for Production Regarding Transfers or Conveyances: In situations where it is suspected that the judgment debtor has transferred or concealed assets to avoid paying the judgment, requests for production may target documents related to any recent transfers, conveyances, or assignments of property. These requests aim to discover any fraudulent or voidable transfers that may be subject to recovery. When serving Requests for Production of Documents in Cuyahoga County, Ohio, it is crucial to adhere to the local rules and procedures governing federal court cases. These rules often outline specific requirements regarding the content and format of the requests, timelines for response, and any potential objections that the judgment debtor may raise. It is essential to consult with experienced legal professionals familiar with the local court rules and practices ensuring the Requests for Production are properly prepared, served, and ultimately successful in assisting with the satisfaction of the judgment in Cuyahoga County, Ohio.
