(A) Effect of judgment. If a judgment directs a party to execute a conveyance of land, or other property 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 dis- obedient 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, writ of assistance, 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 and may award damages for disobedience of the order. If real or personal property is involved, 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 judg- ment has the effect of both a judgment and 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, assistance or order directing the sheriff or other enforcement officer to deliver possession upon application to the clerk. Equitable decrees or orders to pay money shall be enforced as legal judgments to pay money unless otherwise ordered by the court.
Rule 70.Judgment for specific acts; vesting title; recordation
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 70 lets a court force compliance with a judgment ordering someone to sign a deed or perform another specific act — by having another person perform the act instead, holding the disobedient party in contempt, or entering a judgment that transfers title on its own, without anyone’s signature.
Full Text of Rule 70
(B) Recordation of judgment. A copy of the judgment directing acts or divesting or vesting title of a deed or copy thereof transferring title as provided in subdivision (A) of this rule or other law may be recorded or filed either in the lis pendens records or the deed records of the proper officer and county or place and shall be appropriately indexed. When recorded or filed such record shall constitute constructive notice thereof in transactions with respect to the property under the recording laws, and a copy of such filed or recorded judgment or deed certified by the county recorder or other officer shall constitute prima facie evidence of its validity.
(C) Deed form. A conveyance of land made by a court appointee as authorized by subdivision (A) of this rule may be made in the following form: “A B by the order (for judgment) of (naming the court), in cause number (state the cause number) entered on (state date order or judgment was entered), in the case of (naming the party plaintiffs) against (naming the party defendants) conveys the (describe the premises, and the interest conveyed if the judgment or order is for less than a fee simple absolute) the title, interest and rights of (name the parties or persons whose title is being conveyed; and the record owner through whom such title was derived if known and if such persons are not record owners), (state with warranty or subject to conditions only if and as provided in the order or judgment). Signed (signature of court appointee, A B), Appointee of above named court to make this conveyance.” (Acknowledgment as required in the case of deeds.)
(D) Judicial sales. Property may be sold under judgments and orders in the manner now provided by law sub- ject to these rules, including the sale of the property when specific performance is allowed against the vendee.
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Sometimes a judgment doesn’t just order someone to pay money — it orders them to do something, like sign over a deed, hand over documents, or complete some other specific act. Trial Rule 70 gives the court several ways to make that happen when the losing party won’t comply within the time the judgment sets. The court can appoint someone else to perform the act at the disobedient party’s expense, and whatever that appointee does counts as if the original party had done it. The party who’s entitled to the act being done can also apply to the clerk for a writ — of attachment, assistance, or sequestration — against the disobedient party’s property, to pressure compliance. And the court can go further still, holding the disobedient party in contempt and awarding damages for the disobedience.
When the judgment involves real or personal property, the rule offers a shortcut that skips the standoff over signatures entirely: instead of ordering someone to execute a conveyance, the court can enter a judgment that directly divests title from one party and vests it in another. That judgment does double duty — it operates as both the court’s ruling and a properly executed conveyance, so no one has to force a reluctant party to sign anything. When a judgment or order calls for handing over possession rather than title, the party who’s entitled to that possession can get a writ of execution, assistance, or an order directing the sheriff to deliver it, just by applying to the clerk. And equitable orders to pay money get enforced the same way ordinary money judgments are, unless the court directs otherwise.
The rule also builds in a paper trail: a copy of the judgment — or of a deed made under it — can be recorded in the lis pendens records or the deed records and indexed there. Once recorded, it gives constructive notice to anyone dealing with the property, the same as recording an ordinary deed would, and a certified copy from the recorder serves as prima facie evidence that the judgment is valid. For a conveyance made by a court-appointed person rather than the original owner, the rule spells out the wording that deed should use — identifying the court, the case, the judgment, the property, and the person whose title is being conveyed — with the appointee signing in that capacity rather than as the owner. And property can still be sold under judgments and court orders using the sale procedures the law already provides, including selling property when a court orders specific performance against a buyer who won’t go through with a purchase.
Frequently Asked Questions
What can a court do if someone refuses to sign a deed the judgment ordered them to sign?
Trial Rule 70 gives the court more than one option: appoint someone else to sign the deed at the disobedient party’s expense, issue a writ against that party’s property to compel compliance, hold the party in contempt, or — for judgments involving property — enter a judgment that transfers title directly, without needing anyone’s signature at all.
Does a court need the losing party’s actual signature to transfer title under this rule?
No. When property is involved, the court can enter a judgment that divests title from one party and vests it in another. That judgment counts as both a court ruling and a properly executed conveyance, so a signature from the original owner isn’t necessary.
What is a “writ of assistance” or “writ of sequestration” under Trial Rule 70?
They are enforcement tools the clerk issues, on application of the party entitled to performance, against the disobedient party’s property to compel obedience to the judgment. They work alongside the court’s contempt power as ways to press a noncompliant party into acting.
Can I record a judgment instead of a deed to show a property transfer?
Yes. Trial Rule 70(B) allows a copy of the judgment, or of a deed made under it, to be recorded or filed in the lis pendens records or the deed records and indexed there. Once recorded, it gives constructive notice to anyone later dealing with the property.
How does a court-appointed person sign a deed on someone else’s behalf?
Trial Rule 70(C) sets out the wording for that kind of deed. It identifies the court, the case, the date of the judgment, the property, and the person whose title is being conveyed, and the appointee signs as the court’s appointee rather than as the original owner.
What happens if a judgment orders someone to hand over possession of property rather than title?
The party entitled to possession can apply to the clerk for a writ of execution, assistance, or an order directing the sheriff or another enforcement officer to deliver possession, without having to file a separate lawsuit to enforce that part of the judgment.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 70). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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