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
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.

Committee Notes

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.