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Rule 1-069.Judgment; supplementary proceedings

Last amended January 1, 1997 · Last verified June 26, 2026

In one sentenceRule 1-069 lets a judgment creditor compel a debtor or others with relevant knowledge to be examined about assets, or to use ordinary discovery, to aid enforcement of the judgment.

Full Text of Rule 1-069

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A. Examination; subpoena; hearing. Upon request of the judgment creditor or a successor in interest, the clerk shall issue a subpoena directing any person with knowledge that will aid in enforcement of or execution on the judgment, including the judgment debtor, to appear before the district court to respond to questions concerning that knowledge. The subpoena shall be served in the same manner as other subpoenas except that it shall be served not less than three (3) days prior to the date the examination is to be conducted.
B. Deposition in lieu of examination; other discovery. In lieu of such an examination before the court, the judgment creditor or a successor in interest may obtain discovery from any person, including the judgment debtor, in any manner provided in these rules.
End

Rule History

[As amended, effective January 1, 1997.]

Plain-English Summary

This rule helps a judgment creditor collect. On request of the judgment creditor or a successor, the clerk issues a subpoena directing any person with knowledge that will aid enforcement—including the judgment debtor—to appear before the court and answer questions, served at least three days before the examination.

In place of that examination, the creditor or successor may instead obtain discovery from any person, including the judgment debtor, by any means these rules allow.

Frequently Asked Questions

How can a judgment creditor find out about a debtor’s assets?

By having the clerk issue a subpoena for the debtor (or anyone with relevant knowledge) to be examined before the court, or by using ordinary discovery methods.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-069 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source
Also known as: supplementary proceedingsjudgment debtor examinationpost-judgment discoverycollection