Rule 1-070.Judgment for specific acts; vesting title

Last verified June 26, 2026

In one sentenceRule 1-070 lets the court enforce a judgment directing a specific act—such as a conveyance—by having another person do it, divesting and vesting title, or holding the party in contempt.

Full Text of Rule 1-070

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If a judgment directs a party to execute a conveyance of land 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 disobedient 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 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. If real or personal property is within the state, 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 judgment has the effect 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 or assistance upon application to the clerk.

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Plain-English Summary

This rule enforces judgments that order specific acts. If a judgment directs a party to convey land, deliver documents, or perform another specific act and the party does not comply in time, the court may have the act done by someone it appoints at the disobedient party’s cost, with the same effect as if the party had done it. On the application of the party entitled to performance, the clerk must issue a writ of attachment or sequestration to compel obedience, and the court may hold the party in contempt.

For property within the state, the court may, instead of ordering a conveyance, enter a judgment divesting one party’s title and vesting it in another, which has the effect of a conveyance. When a judgment is for delivery of possession, the party in whose favor it runs may obtain a writ of execution or assistance.

Frequently Asked Questions

What happens if a party refuses to make a conveyance ordered by the court?

The court may have the act done by an appointed person at the disobedient party’s cost, issue a writ to compel obedience, hold the party in contempt, or enter a judgment that itself divests and vests title.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-070 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: judgment for specific actsvesting titleconveyancespecific performance enforcement