Short answer. The court may compel attendance by order or subpoena, and anyone who fails to obey, refuses to be sworn, or refuses to answer or sign a deposition may be punished for contempt. The examination must be under oath, and a corporation answers through an authorized officer or agent.

What the law says

A party or other person may be compelled, by an order or subpoena, to attend before the court or commissioner to testify as provided in the two preceding sections, and upon failure to obey such order or subpoena or to be sworn, or to answer as a witness or to subscribe his deposition, may be punished for contempt as in other cases. Examinations shall not be unduly prolonged, but the proceedings may be adjourned from time to time, until they are completed. If the examination is before a commissioner, he must take it in writing and certify it to the court. All examinations and answers before a court or commissioner must be under oath, and when a corporation or other juridical entity answers, it must be on the oath of an authorized officer or agent thereof.

Rule 39, Section 38 — Enforcement of attendance and conduct of examination. Read the full provision →

Compelling attendance

A party or other person may be compelled, by an order or a subpoena, to attend before the court or a commissioner it appoints, in order to testify in the examinations provided for in the two preceding sections of the Rule, covering both the judgment obligor and any third party holding his property or debts. This applies both to the judgment obligor being examined about his own assets, and to any third party alleged to be holding his property or owing him a debt. This ensures that the examination process is not left to voluntary cooperation alone, since a third party or the judgment obligor might otherwise simply decline to appear if there were no compulsory process backing up the order or subpoena.

Contempt for non-compliance

Should that person fail to obey the order or subpoena, or refuse to be sworn, or refuse to answer as a witness, or refuse to subscribe his own deposition, he may be punished for contempt of court, in the same way contempt is punished in other cases. Treating these refusals as contempt gives the examination real teeth, since a witness could otherwise simply ignore the order without consequence.

How the examination is conducted, and the oath requirement

The examinations themselves must not be unduly prolonged, though the proceedings may be adjourned from time to time until they are completed; if the examination is conducted before a commissioner rather than the court directly, he must take it down in writing and certify it back to the court. All examinations and answers, whether before the court or a commissioner, must be given under oath, and where a corporation or other juridical entity is the one answering, it must do so through the oath of an officer or agent who is authorized to speak for it.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.