Rule 811.Judgment for Specific Acts; Vesting Title

Rule 811 answers what happens when a judgment orders someone to do something and they simply do not.

Appointing someone else

If a judgment requires a party to convey land, deliver a deed or other document, or perform any other specific act, and 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 appointed by the court. Once done, the act has the same effect as if done by the party.

Vesting title directly

Where real or personal property is within the district, the court may skip the conveyance entirely and enter a judgment divesting a party's title and vesting it in others — a judgment with the effect of a legally executed conveyance.

This is the most useful provision in the rule for family practice. A decree awarding the marital home to one spouse does not need the other's signature on a deed. The judgment itself can transfer title, and it is recordable. A party who will not sign cannot hold the transfer hostage.

Two 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 obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.

Both are issued by the clerk on application, not on motion to the judge.

Contempt is still available

Failure to comply may also be the basis of a motion for contempt under Rule 812. So a party facing an unperformed obligation has a choice: get the act done through this rule, or pursue the person who would not do it — or both.

For orders other than custody, Rule 815 supplies a further route, and Rule 816 does for parenting time. Rule 811 is the one aimed specifically at property and documents.