(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.
Rule 70.Enforcing a judgment for a specific act
Title IX: Provisional and Final Remedies · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 70 tells a court how to make its judgment stick when the losing party refuses to sign a deed, convey property, or do some other specific act the judgment requires.
Full Text of Rule 70
(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 of 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 assistant. On application by a party who obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.
(e) Motion for contempt. Failure to comply with a judgment may also be the basis of a motion for contempt.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Some judgments do not order a payment of money — they order a party to do something, like sign over a deed or hand over a document. Rule 70 covers what happens when that party balks. The court can appoint someone else to perform the act at the disobedient party’s expense, and whatever that stand-in does counts as if the original party had done it. If the property sits within the district, the court can skip the substitute performance entirely and enter a judgment that transfers title itself, with the same legal effect as a signed conveyance.
The rule also lines up the enforcement machinery. A party entitled to the act can ask the clerk to issue a writ of attachment or sequestration against the disobedient party’s property, or a writ of execution or assistance when the judgment involves possession of property. And failing to comply can also support a separate motion for contempt, which carries its own procedure under Rule 75.
Frequently Asked Questions
What kind of judgments does Rule 70 cover?
Judgments that order a party to do something specific — convey land, deliver a deed or other document, or perform some other defined act — rather than judgments that order a payment of money.
What happens if the losing party refuses to act?
The court can appoint another person to perform the act on the disobedient party’s behalf and at that party’s expense. The result counts the same as if the original party had done it.
Can the court just transfer title without a deed?
Yes, if the property is within the district. Instead of ordering a conveyance, the court can enter a judgment that divests the losing party’s title and vests it in others. That judgment has the same effect as a signed conveyance.
What writs are available to enforce compliance?
A writ of attachment or sequestration against the disobedient party’s property, or, for judgments involving possession, a writ of execution or assistance. The clerk issues these on application by the party entitled to performance.
Can the disobedient party also be held in contempt?
Yes. Failing to comply with a judgment can support a separate motion for contempt, handled under Rule 75, in addition to the enforcement tools in Rule 70.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: court orders someone to sign a deedspecific performance judgment idahowrit of assistance idahoenforcing a non-money judgmentvesting title by court order