Rule 89.Enforcing a Judgment for a Specific Act

Where a decree orders a party to convey land, deliver a deed or other document, or perform any other specific act, Rule 89 supplies the remedies when they simply do not do it.

Someone else does it

If the party fails to comply within the time specified, the court may order the act done at the disobedient party's expense by another person the court appoints. When done, the act has the same effect as if done by the party. The signature of a refusing spouse becomes unnecessary rather than merely sanctionable.

Vesting title directly

Where the real or personal property is within Arizona, the court may skip the conveyance entirely and enter a judgment divesting a party's title and vesting it in others. That judgment has the effect of a legally executed conveyance. No appointee, no signature, no deed -- the judgment itself transfers the property.

Writs

On application by a party entitled to performance, the clerk must issue a writ of attachment or sequestration against the disobedient party's property to compel obedience. On application by a party who obtained a judgment or order for possession, the clerk must issue a writ of execution or assistance. Both are ministerial: the clerk issues on application, without a further hearing.

And contempt

Section (e) adds that the court also may hold the disobedient party in contempt -- which routes to Rule 92, with its purge requirement and present-ability finding.

The ordering is worth noticing. Contempt appears last, after four remedies that get the act performed without anyone's cooperation. Where the decree can be carried out by appointing someone else or by vesting title, coercing the party is not the first tool.