FL · rules

Fla. R. Civ. P. 1.560

Discovery in Aid of Execution

activein force · 2026-04-01 – presentact-effective-date

(a) In General. In aid of a judgment, decree, or execution the

judgment creditor or the successor in interest, when that interest

appears of record, may obtain discovery from any person, including

the judgment debtor, in the manner provided in these rules.

(b) Fact Information Sheet. In addition to any other

discovery available to a judgment creditor under this rule, the

court, at the request of the judgment creditor, must order the

judgment debtor or debtors to complete form 1.977, including all

required attachments, within 45 days of the order or other

reasonable time as determined by the court. Failure to obey the

order may be considered contempt of court.

judgment, the judge must include the following enforcement

paragraph if requested by the prevailing party or attorney:

“It is further ordered and adjudged that the judgment

debtor(s) must complete under oath Florida Rule of Civil

Procedure Form 1.977 (Fact Information Sheet), including all

required attachments, and serve it on the judgment creditor’s

attorney, or the judgment creditor if the judgment creditor is

not represented by an attorney, within 45 days from the date

of this final judgment, unless the final judgment is satisfied or

post-judgment discovery is stayed.

Jurisdiction of this case is retained to enter further

orders that are proper to compel the judgment debtor(s) to

complete form 1.977, including all required attachments, and

serve it on the judgment creditor’s attorney, or the judgment

creditor if the judgment creditor is not represented by an

attorney.”

(d) Information Regarding Assets of Judgment Debtor’s

Spouse. In any final judgment, if requested by the judgment

creditor, the court must include the additional Spouse Related

Portion of the fact information sheet on a showing that a proper

predicate exists for discovery of separate income and assets of the

judgment debtor’s spouse.

History

Committee Notes 1972 Amendment. The rule is expanded to permit discovery in any manner permitted by the rules and conforms to the 1970 change in Federal Rule of Civil Procedure 69(a). 2000 Amendment. Subdivisions (b)–(e) were added and patterned after Florida Small Claims Rule 7.221(a) and Form 7.343. Although the judgment creditor is entitled to broad discovery into the judgment debtor’s finances, Fla. R. Civ. P. 1.280(b); Jim Appley’s Tru-Arc, Inc. v. Liquid Extraction Systems, 526 So. 2d 177, 179 (Fla. 2d DCA 1988), inquiry into the individual assets of the judgment debtor’s spouse may be limited until a proper predicate has been shown. Tru-Arc, Inc., 526 So. 2d at 179; Rose Printing Co. v. D’Amato, 338 So. 2d 212 (Fla. 3d DCA 1976). Failure to complete form 1.977 as ordered may be considered contempt of court. 2013 Amendment. Subdivision (e) was deleted because the filing of a notice of compliance is unnecessary for the judgment creditor to seek relief from the court for noncompliance with this rule, and because the Fact Information Sheet itself should not be filed with the clerk of the court.

Provenance

Source: floridabar.org
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: b2698e38173f163259ed9c169cdf5906bf5e6e185123199df33a1337c28911fe

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