Rule 70.Judgment for Specific Acts; Vesting Title.

Last verified July 3, 2026

In one sentenceRule 70 lets the court step in when a party refuses to sign a deed, deliver documents, or perform some other specific act a judgment requires.

Full Text of Rule 70

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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.

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Plain-English Summary

If a judgment orders a party to execute a conveyance, deliver documents, or perform some other specific act, and the party doesn't comply in time, the court can have someone else do the act at the disobedient party's expense, with the same legal effect as if the party had done it. The party entitled to performance can also get a writ of attachment or sequestration against the disobedient party's property to force compliance, and the court can hold the disobedient party in contempt in appropriate cases.

For property located in Hawaii, the court can skip ordering a conveyance altogether and enter a judgment directly divesting title from one party and vesting it in another, which works just like a properly executed conveyance. When a judgment or order calls for delivering possession of property, the party who's entitled to it can get a writ of execution or assistance just by applying to the clerk.

Frequently Asked Questions

What happens if a party refuses to sign a deed a judgment requires?

The court can have someone else execute it at the disobedient party's expense, with the same legal effect as if the party had signed it, and can also hold the party in contempt.

Can a court just transfer title directly instead of ordering a conveyance?

Yes, for property within the State. Rule 70 lets the court enter a judgment divesting title from one party and vesting it in another, with the same effect as a formal conveyance.

How does a party get possession of property a judgment awards?

By applying to the clerk for a writ of execution or assistance.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 70). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: judgment for specific actsvesting title by judgmentwrit of assistance