(a) Judgment for Specific Acts. If a judgment or order directs a party to perform a 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 such defaulting party by some other person appointed by the court, and the act when so done shall have like effect as if done by the defaulting party.
Rule 4:59-2.Judgment for Specific Acts; Writ of Possession
Last amended September 4, 2012 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:59-2 lets a court have a specific act performed by someone else at the defaulting party's cost when that party won't comply, and entitles a party awarded possession of property to a writ of possession as of course.
Full Text of Rule 4:59-2
(b) Order and Writ of Possession. Where a party by virtue of any judgment or order, or any writ, sale or proceeding thereunder, claims possession of property, but the judgment or order does not provide therefor, the court on motion may make an order for the possession, provided notice of the motion is given to the person in possession and proof is made that such person has failed to deliver possession 10 days after a written demand. If an order or judgment is for the possession of real or personal property, the party in whose favor it is entered is, on application to the clerk, entitled as of course to a writ of possession directed to the sheriff (except as otherwise provided by R. 6:7-1(f)), which may include an execution for costs.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source - R.R. 4:75-1, 4:75-2; paragraphs (a) and (b); amended July 13, 1994 to be effective September 1, 1994; paragraph (b); amended July 30, 2012 to be effective September 4, 2012.
Plain-English Summary
When a judgment orders a party to do something specific and that party won't, the court doesn't have to keep waiting. It may direct the act to be done, at the defaulting party's expense, by someone else the court appoints, and the result counts exactly as if the defaulting party had done it.
Possession works a little differently. Even where the judgment or order doesn't spell out possession, a party who claims it under that judgment can get a possession order on motion, once notice is given and it's shown the party in possession ignored a written demand for 10 days. And where possession of real or personal property is already part of the judgment, the prevailing party is entitled, on application to the clerk, to a writ of possession directed to the sheriff.
Frequently Asked Questions
What happens if a party ordered to perform a specific act refuses?
The court may direct the act to be done by someone else it appoints, at the defaulting party's cost, and the result has the same effect as if that party had done it.
How does a prevailing party get physical possession of property awarded by judgment?
By applying to the clerk, who issues a writ of possession directed to the sheriff as of course.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:59-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: writ of possessionenforcing a judgment for specific acts