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Rule 2-633 – Discovery in Aid of Enforcement

May 13, 2021 | Civil Prodcedure, Maryland

(a) Methods. Except as otherwise provided in Rule 2-634, 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

(1)Generally. Subject to section (c) of this Rule, 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 shall issue an order requiring the appearance for examination under oath before a judge or examiner of (A) the judgment debtor, or (B) any other person who may have property of the judgment debtor, be indebted for a sum certain to the judgment debtor, or have knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor.
(2)Order.

(A) The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in (i) the issuance of a body attachment directing a law enforcement officer to take the person served into custody and bring that person before the court and (ii) the person served being held in contempt of court.

Cross reference: See Rule 1-361.

(B) The order shall be served upon the judgment debtor or other person in the manner provided by Rule 2-121, but no body attachment shall issue in the event of a non-appearance absent a determination by the court that (i) the person to whom the order was directed was personally served with the order in the manner described in Rule 2-121(a)(1) or (3), or (ii) that person has been evading service willfully, as shown by a particularized affidavit based on personal knowledge of a person with firsthand knowledge.
(3)Sequestration. The judge or examiner may sequester persons to be examined, with the exception of the judgment debtor.

Cross reference: Code, Courts Article, ยงยง 6-411 and 9-119.

(c) Subsequent Examinations. After an examination of a person has been held pursuant to section (b) of this Rule, a judgment creditor may obtain additional examinations of the person in accordance with this section. On request of the judgment creditor, if more than one year has elapsed since the most recent examination of the person, the court shall order a subsequent appearance for examination of the person. If less than one year has elapsed since the most recent examination of the person, the court may require a showing of good cause.

Md. R. Civ. P. Cir. Ct. 2-633

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.

Section (c) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 7, 2015, eff. Jan. 1, 2016; May 15, 2019, eff. July 1, 2019; amended June 29, 2020, eff. August 1, 2020.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order added the committee note following section (a).

2015 Orders

The December 7, 2015, order, made section (b) subject to section (c), replaced the word “may with the word “shall in section (b), deleted from section (b) a certain requirement of an affidavit or other proof, and added a new section(c) concerning subsequent examinations.

2019 Orders

The May 15, 2019 order amended the rule by requiring that an order to appear for examination warn that a body attachment may issue in the event of non-appearance, by precluding the issuance of a body attachment absent a determination by the court that the judgment debtor was served in person with the order or has been evading service willfully, by adding and updating cross references, and by making stylistic changes.