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2017 Florida Statutes
SECTION 30
Discovery in proceedings supplementary.
Discovery in proceedings supplementary.
56.30 Discovery in proceedings supplementary.—
(1) In addition to any other discovery permitted under the rules of civil procedure, on the judgment creditor’s motion the court shall require the judgment debtor to appear before it or a general or special magistrate at a time and place specified by the order in the county of the judgment debtor’s residence or principal place of business to be examined concerning property subject to execution. This examination may occur before issuance of a Notice to Appear.
(2) The order shall be served in a reasonable time before the date of the examination in the manner provided for service of summons or may be served on the judgment debtor or the judgment debtor’s attorney of record as provided for service of papers in the rules of civil procedure.
(3) Testimony shall be under oath, shall be comprehensive, and cover all matters and things pertaining to the business and financial interests of the judgment debtor which may tend to show what property the judgment debtor has and its location. Any testimony tending directly or indirectly to aid in satisfying the execution is admissible. A corporate judgment debtor must attend and answer by a designee with knowledge or an identified officer or manager who may be specified in the order. Examination of witnesses shall be as at trial, and any party may call other witnesses to be examined concerning property that may be subject to execution.
History.—s. 19, ch. 2016-33.