Rule 71.Enforcing relief for or against a nonparty
Group VIII: Provisional and Final Remedies · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 71
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments are technical.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Court orders sometimes reach beyond the named parties in a case, benefiting or binding someone who was never a party at all, such as a person acting in concert with an enjoined party. Rule 71 makes sure that situation does not create a procedural gap. Whatever enforcement mechanism would apply if the person affected were a party, that same mechanism applies to the nonparty.
The rule keeps the focus on function rather than formal status. If an order grants a nonparty relief, that nonparty can invoke the normal tools for enforcing it. If an order can be enforced against a nonparty, the same procedures used against a disobedient party apply with equal force. This closes off any argument that enforcement is unavailable because the person involved never appeared as a named party in the lawsuit.
Frequently Asked Questions
Can someone who was never a party to a lawsuit enforce a court order in their favor?
Yes. If an order grants relief for a nonparty, Rule 71 allows that nonparty to use the same enforcement procedures available to an actual party.
Can a court order be enforced against someone who was not a party to the case?
Yes, if the order may be enforced against that nonparty in the first place, such as someone bound by an injunction because they acted in concert with a party. Rule 71 applies the same enforcement procedures used against parties.
Does Rule 71 decide who can be bound by an order?
No. It addresses procedure once an order already grants relief to, or is enforceable against, a nonparty; other rules and doctrines determine when a nonparty becomes bound in the first place.
What enforcement tools does Rule 71 make available to a nonparty?
Whatever tools these rules provide for enforcing an order against or for a party, such as writs of execution or contempt, are equally available when the order runs to a nonparty.
Why does it matter that Rule 71 treats nonparties the same as parties for enforcement?
Without this rule, a person who benefits from or is bound by an order but never appeared as a party might face uncertainty over how, or whether, that order could be enforced. Rule 71 removes that uncertainty by extending the ordinary enforcement procedures to them.