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Clerk Handbooks

Supreme Court Rules




Section/Rule:

76.28

Subject:

Rule 76 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Executions

Publication / Adopted Date:

June 1, 1993

Topic:

Discovery in Aid of Execution

Revised / Effective Date:

January 1. 1999


76.28. Discovery in Aid of Execution

In aid of the judgment or execution, the judgment creditor, or a successor in interest when that interest appears of record, may obtain discovery as provided by Rules 57.01, 57.03, 57.04, 57.05, 57.06, 57.07, 57.09, 57.10, and 58.01 and may enforce discovery as authorized by Rule 61.01 or by an order treating as a contempt of court the failure to comply with the discovery request. However, the scope of post-judgment discovery shall be limited to matters, not privileged, that are relevant to the discovery of assets, including insurance, or income subject to execution or garnishment for the satisfaction of judgments.

(Adopted June 1, 1993, eff. Jan. 1, 1994. Amended May 26, 1998, eff. Jan. 1, 1999.)