Scope of Article

Post-Judgment discovery tools include any discovery proceedings authorized for pre-trial
matters, the most common of which are interrogatories, depositions and requests for production of documents.  The preferred discovery tool is a deposition by tape-recording via a notice duces tecum or a subpoena duces tecum. This paper is a practical guide for taking a post-judgment deposition including forms for notices and pleadings to enforce the taking of the deposition, a discussion of areas of examination and uses of documents production to get the full picture of the debtor’s financial situation, and a deposition checklist. It also contains tips on finding assets via technology to supplement the effectiveness of post judgment discovery and in some instances makes formal discovery unnecessary. A checklist for standard searches is included in the paper.