(a) In General. Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable. In aid of the judgment or execution, the judgment creditor or a 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 or in the manner provided by the practice of the state in which the district court is held.
(b) Against Certain Public Officers. When a judgment has been entered against a collector or other officer of revenue under the circumstances stated in Title 28, U.S.C., § 2006, or against an officer of Congress in an action mentioned in the Act of March 3, 1875, ch. 130, § 8 (18 Stat. 401), U.S.C., Title 2, § 118, and when the court has given the certificate of probable cause for the officer’s act as provided in those statutes, execution shall not issue against the officer or the officer’s property but the final judgment shall be satisfied as provided in such statutes.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(a) In General. Process to enforce a judgment for the payment of money shall
(1) Money Judgment; Applicable Procedure. A money judgment is enforced bey a writ of execution, unless the court directs otherwise. The procedure on execution,-and in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in or execution-must accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicablewhere the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest when thatose interest appears of record, may obtain discovery from any person, -including the judgment debtor, in the manner-as provided in these rules or inby the manner provided by the practice of the state in which the districtprocedure of the state where the court is hellocated.
(b) Against Certain Public Officers. When a judgment has been entered against a collector or other officer of revenue underrevenue officer in the circumstances stated in Title 28, U.S.C., § 2006, or against an officer of Congress in an action mentioned in the Act of March 3, 1875, ch. 130, § 8 (18 Stat. 401), U.S.C., Title 2, § 118, and when the court has given the certificate of probable cause for the officer’s act as provided in those statutes, execution shall not issue against the officer or the officer’s property but the final judgment shall be satisfied as provided in such statutesthe circumstances stated in 2 U.S.C. § 118, the judgment must be satisfied as those statutes provide.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)