Last amended December 1, 2007 · Last verified June 30, 2026
In one sentenceRule 70 enforces a judgment that directs a party to perform a specific act, such as conveying property: if the party defaults, the court may have the act done by someone else at the party’s expense, treat the judgment as the act done, or hold the party in contempt.
(a)Party's Failure to Act; Ordering Another to Act. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be done—at the disobedient party's expense—by another person appointed by the court. When done, the act has the same effect as if done by the party.
(b)Vesting Title. If the real or personal property is within the district, the court—instead of ordering a conveyance—may enter a judgment divesting any party's title and vesting it in others. That judgment has the effect of a legally executed conveyance.
(c)Obtaining a Writ of Attachment or Sequestration. On application by a party entitled to performance of an act, the clerk must issue a writ of attachment or sequestration against the disobedient party's property to compel obedience.
(d)Obtaining a Writ of Execution or Assistance. On application by a party who obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.
(e)Holding in Contempt. The court may also hold the disobedient party in contempt.
End
Amendment History
(Amended April 30, 2007, effective December 1, 2007.)
Plain-English Summary
Some judgments order a party to do a particular thing — sign a deed, convey land, deliver goods. Rule 70 makes sure such a judgment is not toothless. If the party ordered to act fails to comply within the time set, the court may direct the act to be done — at the disobedient party’s expense — by another person it appoints; when the act is a conveyance, that person’s act has the same effect as if the party had done it.
The court has further options: it may enter a judgment divesting and vesting title, which operates as the conveyance itself; it may order the clerk or a marshal to put a party in possession; and it may hold a disobedient party in contempt. Together these ensure that a judgment for a specific act is carried out.
Frequently Asked Questions
What happens if a party ignores a judgment ordering it to do something?
Under Rule 70, the court may have the act performed by someone else at the party’s expense, enter a judgment that itself effects the act (such as a conveyance), or hold the party in contempt.
Can the court just order that title has already transferred, instead of forcing a conveyance?
Yes. The court may enter a judgment divesting and vesting title, which operates as the conveyance itself, without waiting for the disobedient party or a substitute to sign anything.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Fed. R. Civ. P. 70), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP 70Fed. R. Civ. P. 70enforcing a judgment for a specific actenforcing specific performance