§ RULE 2-633 DISCOVERY IN AID OF ENFORCEMENT

Codes > Maryland Rules > Title 2 > Chapter 600 > RULE 2-633

RULE 2-633. DISCOVERY IN AID OF ENFORCEMENT

    (a) Methods. A judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of depositions, interrogatories, and requests for documents, and (2) by examination before a judge or an examiner as provided in section (b) of this Rule.

    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.

    (b) Examination Before a Judge or an Examiner. On request of a judgment creditor, filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded may issue an order requiring the appearance for examination under oath before a judge or examiner of (1) the judgment debtor, or (2) any other person if the court is satisfied by affidavit or other proof that it is probable that the person has property of the judgment debtor, is indebted for a sum certain to the judgment debtor, or has knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor. The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in the person served being held in contempt. The order shall be served upon the judgment debtor or other person in the manner provided by Rule 2-121. The judge or examiner may sequester persons to be examined, with the exception of the judgment debtor.

    Cross reference: Code, Courts Article, § 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.