Rule 70.Judgment for Specific Acts.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 70
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
The rule starts with the party who will not act. If a judgment directs someone to execute a conveyance of land, deliver deeds or other documents, or perform any other specified act, and that party lets the time specified pass, the court may direct the act to be done at the disobedient party's cost by some other person the court appoints. The act done that way has like effect as if the party had done it, so a deed signed by the court's appointee moves the title.
Two more tools follow. On application of the party entitled to performance, the clerk issues a writ of attachment or sequestration against the disobedient party's property to compel obedience to the judgment. And in proper cases the court may adjudge the party in contempt. These stack with the substitute-performance route rather than replacing it.
The closing sentence reaches further than the rule's title suggests. When any order or judgment is for money, land, or the delivery of possession, the party in whose favor it was entered is entitled to a writ of execution or assistance. That writ issues on application to the clerk rather than on a motion to the judge.
Frequently Asked Questions
What if the other party will not sign the deed the judgment ordered?
If the party fails to comply within the time the judgment specifies, the court may direct the act to be done by some other person it appoints, at the disobedient party's cost. The act done that way has like effect as if the party had done it.
How long does the court wait before appointing someone else to sign?
Until the party has failed to comply within the time specified in the judgment. Rule 70 turns on that failure, so the time the judgment fixes for the conveyance or the delivery of documents is what opens the door to these remedies.
How do I get possession of property the judgment awarded me?
When an order or judgment is for money, land, or the delivery of possession, the party in whose favor it was entered is entitled to a writ of execution or assistance. The writ issues upon application to the clerk.
Can the other party be held in contempt for ignoring the judgment?
Yes, in proper cases. The rule says the court may also adjudge the party in contempt, alongside the other measures it allows.
What is a writ of attachment or sequestration used for?
It runs against the disobedient party's property to compel obedience to the judgment. The clerk issues it on application of the party entitled to performance.