(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
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 70 gives a court several tools to make a judgment for a specific act happen: appointing someone else to perform it at the disobedient party's expense, vesting title directly by judgment, issuing writs of attachment, sequestration, execution, or assistance, or holding the disobedient party in contempt.
Full Text of Rule 70
(b) Vesting title. If the real or personal property is within the state, 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.
Explanatory Note
Rule 70 was amended, effective March 1, 2011. Rule 70 is derived from Fed.R.Civ.P. 70. Rule 70 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal
Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Some judgments do not just award money; they order a party to convey land, deliver a deed, or perform some other specific act. Rule 70(a) covers what happens when that party refuses. If the act is not done within the time the judgment specifies, the court can appoint another person to do it, at the disobedient party's expense, and the result counts exactly as if the original party had done it.
For real or personal property located in North Dakota, the court has a more direct option. Rather than waiting on a conveyance, Rule 70(b) lets the court enter a judgment divesting the disobedient party's title and vesting it in someone else. That judgment stands in for a deed — it has the same effect as a legally executed conveyance, no signature required.
The rule also lines up the machinery for compelling compliance. Rule 70(c) requires the clerk to issue a writ of attachment or sequestration against the disobedient party's property on application by the party entitled to performance, and Rule 70(d) requires the clerk to issue a writ of execution or assistance for a party who has obtained a judgment or order for possession. On top of all of that, Rule 70(e) lets the court hold the disobedient party in contempt. These remedies are not mutually exclusive — a court can combine them as the situation calls for.
Frequently Asked Questions
What happens if someone refuses to sign a deed or convey property as a judgment orders?
Under Rule 70(a), the court can appoint another person to perform the act — signing the deed, making the conveyance — at the disobedient party's expense. Once done, it has the same legal effect as if the original party had done it.
Can a North Dakota court transfer title to property without waiting for the losing party to cooperate?
Yes, for property within the state. Rule 70(b) lets the court enter a judgment divesting the disobedient party's title and vesting it in others, and that judgment itself has the effect of a legally executed conveyance.
What is a writ of sequestration used for under Rule 70?
On application by the party entitled to performance of the act, the clerk must issue a writ of attachment or sequestration against the disobedient party's property, which puts pressure on that party to comply by reaching their property.
Can someone be held in contempt for failing to perform an act a judgment ordered?
Yes. Rule 70(e) allows the court to hold the disobedient party in contempt, in addition to the other remedies the rule provides, such as appointing another person to perform the act.
Does Rule 70 cover judgments that require handing over possession of property?
Yes. Rule 70(d) requires the clerk to issue a writ of execution or assistance on application by a party who has obtained a judgment or order for possession.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as: enforcing a judgment to convey land ndwrit of attachment or sequestration north dakotacourt ordered deed north dakotavesting title by judgment ndcontempt for disobeying a judgment nd