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.
Rule 70.Judgment for Specific Acts — Vesting Title
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-70 lets a South Dakota court have a specific act performed by someone else at the disobedient party’s expense, compel compliance through attachment, sequestration, or contempt, vest title directly by judgment when property sits within the state, and issue a writ of assistance for delivering possession.
Full Text of Rule 15-6-70
Plain-English Summary
Some judgments cannot be satisfied with money. When a judgment directs a party to execute a conveyance, deliver deeds or other documents, or perform some other specific act, and the party fails to comply within the time set, Rule 15-6-70 lets the court have someone else do the act instead, at the disobedient party’s cost. The act, once done by that appointed person, has the same legal effect as if the original party had done it.
The rule backs that authority with enforcement tools. On application, the clerk issues a writ of attachment or sequestration against the disobedient party’s property to compel obedience, and the court may also hold that party in contempt.
For real or personal property located within South Dakota, the rule offers a more direct fix: rather than compel a conveyance, the court can enter a judgment that itself divests title from one party and vests it in another. That judgment carries the same effect as a properly executed conveyance, so no separate signature is needed.
When an order or judgment calls for delivering possession, the party entitled to that possession can apply to the clerk for a writ of execution or assistance to carry it out.
Frequently Asked Questions
What happens if someone refuses to sign a deed a South Dakota court ordered them to sign?
Under Rule 15-6-70, the court may direct the act to be done at the disobedient party’s cost by another person the court appoints, and the act then has the same effect as if the original party had done it.
Can a South Dakota court transfer title to property without the losing party’s signature?
Yes, when the property is within the state. Rule 15-6-70 lets the court enter a judgment divesting title from one party and vesting it in another, and that judgment has the effect of a properly executed conveyance.
What can happen to someone who ignores a court order to perform a specific act?
Rule 15-6-70 allows the clerk to issue a writ of attachment or sequestration against that party’s property to compel obedience, and the court may also adjudge the party in contempt.
How do I get possession of property after winning a judgment that awards it to me?
Rule 15-6-70 lets the party entitled to possession apply to the clerk for a writ of execution or assistance.
Does the winning party have to file a new lawsuit if the losing party will not cooperate?
No. Rule 15-6-70 gives the court several tools within the same action: appointing someone else to perform the act, vesting title directly by judgment, ordering attachment or sequestration, or holding the disobedient party in contempt.
Amendment History
—SDC 1939 & Supp 1960, § 33.1906; SD RCP, Rule 70, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: south dakota judgment vesting titlecourt orders someone to sign a deed sdwrit of assistance south dakotacompelling performance of a judgment sdsd rule 15-6-70 specific acts