§ Rule 69-I. Attachment After Judgment in General
Rule 69-I. Attachment After Judgment in General
(a) Discovery in General.All discovery procedures authorized by Rules 26-37 are available to the judgment creditor in the manner prescribed by those rules, except that a subpoena ad testificandum addressed to a person other than the judgment debtor and a subpoena duces tecum shall issue only upon order of the court. The first subpoena ad testificandum or notice of deposition addressed to the judgment debtor may issue without court order, but any subsequent subpoena or notice so addressed shall issue only upon order of the court. Nothing contained herein shall be construed to require that a party to the action be paid a witness fee for attendance.
(b) Oral Examination in Court.The plaintiff may summon the defendant and, upon leave of court, any other person to appear in court on a date certain and submit to oral examination respecting execution of any judgment rendered. Any person so summoned may, upon leave of Court, be required to produce papers, records, or other documents at the examination. Any person summoned to appear for oral examination shall appear first in the Office of the Clerk. If the person summoned was personally served but fails to appear, the Court may, upon plaintiff's request, issue a bench warrant for the person's arrest. If the person summoned does appear, the Clerk shall present all pleadings and other documents in the case to the Court assigned to preside at the examination.
(c) Other Claims to Property.Before the final disposition of the property attached or its proceeds (except where it is real property), any person may file a motion and affidavit setting forth a claim thereto or an interest in or lien upon the same. Without other pleadings, the court shall try the issues raised by such claim and may make all orders necessary to protect any right of the claimant. Any party to such proceeding may demand trial by jury by filing such demand within 5 days of the filing of such motion and affidavit.
(d) Answer of Garnishee.A garnishee shall file with the Clerk the answer to the interrogatories accompanying the writ of attachment within 10 days after service of the writ upon the garnishee, and shall serve a copy of the answer upon the defendant and upon the party at whose instance the garnishment was issued. If within 10 days after service of the answer to the interrogatories or such later time as the Court may allow, the party at whose instance the garnishment was issued shall not contest the answer to the interrogatories pursuant to D.C.Code 1973, § 16-522, the garnishee's obligations under the attachment shall be limited by the garnishee's answer.
(e) Judgment Against Garnishee.No judgment against a garnishee under D.C.Code 1973, § 16-556 or 16-575 shall be entered except by order of Court. Applications for a judgment shall be filed (1) within 4 weeks after answer to the interrogatories are due and not filed, or (2) as to property other than “wages” as defined in D.C.Code 1973, § 16-571 within 4 weeks after the garnishee has filed answers to the interrogatories, or (3) as to such “wages”, within 15 weeks of the date on which a garnishee fails to make a payment due under the writ, or (4) within such later time as may be authorized by the Court upon a motion made within the applicable period. If no judgment of condemnation or of recovery has been applied for or entered within the time provided by this rule, the garnishment and attachment shall stand dismissed. Upon oral or written request therefor, the clerk shall enter such dismissal of the garnishment and attachment and shall furnish a certificate of such dismissal to the garnishee, the defendant, or any other person.