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Rule 69. Execution; Postjudgment Discovery

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
VIII. Provisional and Final Remedies; Special Proceedings
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 69
Formerly cited as AZ ST RCP Rule 58(c)
Rule 69. Execution; Postjudgment Discovery
(a) Generally. A monetary judgment is enforced by a writ of execution, unless the court orders otherwise. A party may execute on a judgment--and seek relief in proceedings supplementary to and in aid of judgment or execution--as provided in these rules, statutory remedies, and other applicable law.
(b) Special Writ. If a judgment is for personal property and the court finds that the property has a special value to the prevailing party, the court may award the prevailing party a special writ for the seizure and delivery of the specific property, in addition to any other relief provided in these rules and other applicable law.
(c) Discovery.
(1) Generally. Unless the court orders otherwise for good cause, no discovery may be served or taken during the temporary stay periods provided in Rule 62(a) or Rule 7(a)(2) of the Arizona Rules of Civil Appellate Procedure. If no further stay is ordered, at the expiration of any temporary stay period and in aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person--including the judgment debtor--as provided in these rules and other applicable law.
(2) After Stay of Judgment. If enforcement of, or execution on, a judgment is stayed under Rule 7 of the Arizona Rules of Civil Appellate Procedure, or by other rule or court order, the court may allow discovery as provided in these rules and other applicable law if:
(A) the amount of any supersedeas bond or other security posted does not cover the total amount of any monetary judgment, including costs, attorney's fees, prejudgment interest, or punitive damages included in the judgment when entered; or
(B) the discovery is necessary to protect the judgment creditor's interest in the judgment during the pendency of post-trial motions or an appeal.
(3) Limitations. The court may limit discovery under Rule 69(c)(2) to protect the party against whom the discovery is requested from undue burden or expense while the appeal is pending.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 28, 2018, effective Jan. 1, 2019.
16 A. R. S. Rules Civ. Proc., Rule 69, AZ ST RCP Rule 69
Current with amendments received through 08/15/2020.
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