If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.
Rule 70.Judgment for specific acts; vesting title.
Last verified July 6, 2026
In one sentenceRule 70 gives a court several ways to make sure a judgment ordering someone to do something specific gets carried out, letting the court have another person perform the act at the disobedient party's expense, compel compliance through attachment or contempt, or enter a judgment that transfers title to property directly without waiting on the party to act.
Full Text of Rule 70
(dc) District court rule. Rule 70 does not apply in the district courts.
Amendment History
This rule has not been amended since its adoption.
Committee Comments
Committee Comments on 1973 Adoption
The rule is identical with Federal Rule 70, save that the word “state”, rather than “district”, as in the federal rule, is used in the penultimate sentence. Equity Rule 72 is virtually the same, and the general notion expressed by the rule has been found in Alabama statutes since at least 1841. Clay, Alabama Digest, p. 354, § 57 (1843). See generally, 7 Moore’s Federal Practice, ¶¶ 70.02-70.04 (2d ed.1971).
The rule sufficiently covers the subject matter appearing in Code of Ala., Tit. 7, §§ 328-332 and those statutes are, therefore, superseded by the rule.
Plain-English Summary
Some judgments cannot be satisfied with a payment of money; they require a party to do something, such as sign a deed, hand over documents, or take some other specific action. Rule 70 addresses what happens when that party will not cooperate. If the party fails to perform within the time the judgment sets, the court can arrange for someone else to do the act instead, at the disobedient party's expense, and treat the result as if the original party had done it personally.
Rule 70 also gives the party who is owed performance additional tools. On request, the clerk will issue a writ of attachment or sequestration reaching the disobedient party's property to pressure compliance, and the court retains the option of holding that party in contempt in appropriate cases. For real or personal property located within Alabama, the rule offers a more direct shortcut: instead of ordering someone to sign over a conveyance, the court can enter a judgment that divests title from one party and vests it in another, and that judgment functions exactly like a properly executed conveyance would.
Finally, when a judgment awards possession of property, the party entitled to that possession does not need to file a new proceeding to get it. That party can apply to the clerk for a writ of execution or a writ of assistance to obtain physical possession. Rule 70 does not apply in Alabama's district courts.
Frequently Asked Questions
What can a court do if a party refuses to sign a deed as ordered by a judgment?
The court can have another person appointed by the court sign the conveyance at the disobedient party’s expense, and the resulting document counts as if the original party had signed it.
Can a court transfer title to property without the owner signing anything?
Yes. For property located in Alabama, Rule 70 lets the court enter a judgment that divests title from one party and vests it in another, and that judgment operates the same as a formally executed conveyance.
What tools does a party have to force compliance with a judgment ordering a specific act?
The party can obtain a writ of attachment or sequestration against the disobedient party’s property, and the court may also hold that party in contempt in appropriate cases.
How does a party obtain possession of property awarded to them by a judgment?
That party can apply to the clerk for a writ of execution or a writ of assistance, without needing to file a separate action to obtain possession.
Does Rule 70 apply in Alabama district courts?
No, Rule 70 does not apply in the district courts.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 70). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: judgment for specific actsvesting title by court orderwrit of assistance Alabamadivesting title judgmentcompelling a deedAla. R. Civ. P. 70