Fla. Fam. L. R. P. 12.560

RULE 12.560

DISCOVERY IN AID OF EXECUTION

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

judgment creditor or the successor in interest, when the 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, shall order the

judgment debtor or debtors to complete Florida Rules of Civil

Procedure Form 1.977 (Fact Information Sheet), including all

required attachments, within 45 days of the order or such other

reasonable time as determined by the court.

(c) Final Judgment Enforcement Paragraph. In any final

judgment which awards money damages, the judge shall include

the following enforcement paragraph if requested at the final

hearing or a subsequently noticed hearing by the prevailing party or

attorney:

“It is further ordered and adjudged that the judgment

debtor(s) shall 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 which awards money damages, if

requested by the judgment creditor at a duly noticed hearing, the

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court shall require all or part of the additional Spouse Related

Portion of the fact information sheet to be filled out by the judgment

debtor only upon a showing that a proper predicate exists for

discovery of separate income and assets of the judgment debtor’s

spouse.

2000 Amendment. Subdivisions (b)–(e) were added to the

Florida Rules of Civil Procedure and adopted with amendments into

the Family Law Rules of Procedure. The amendments to the Civil

Rules were 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)), in family law cases inquiry into

the individual assets of the judgment debtor’s spouse must be

precluded 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).

2015 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 should not be filed

with the clerk of the court.