Rule 3-633 - Discovery in Aid of Enforcement(a)Methods. Unless a money judgment arises out of a small claim action against an individual and except as otherwise provided in Rule 3-634, a judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of interrogatories pursuant to Rule 3-421, 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 Rule 3-421(b) apply separately to each. Thus, leave of court is not required under Rule 3-421 to serve one set of not more than 15 interrogatories on a judgment debtor solely because interrogatories were served upon that party before the entry of judgment.
Cross reference: See Code, Courts Article, § 11-704, prohibiting the District Court from ordering an individual to (1) appear for examination or (2) answer interrogatories in aid of execution of a money judgment arising out of a small claim action.
(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 person authorized by the Chief Judge of the Court to serve as an 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.(B) The order shall be served upon the judgment debtor or other person in the manner provided by Rule 3-121, 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 3-121(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, §§ 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. Dist. Ct. 3-633
This Rule is derived as follows:
Section (a) is derived from former M.D.R. 627.
Section (b) is in part new and in part derived from former M.D.R. 628 b.
Section (c) is new.
Adopted April 6, 1984, eff. 7/1/1984. Amended April 7, 1986, eff. 7/1/1986; 11/12/2003, eff. 1/1/2004; 12/7/2015, eff. 1/1/2016; 5/15/2019, eff. 7/1/2019; amended June 29, 2020, eff. 8/1/2020; amended April 5, 2024, eff. 7/1/2024.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 ot other proof, deleted language from section (c) concerning subsequent examinations, and added language to 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.