Rule 70.Judgment for specific acts; vesting title
Part VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 13, 2026
Full Text of Rule 70
Plain-English Summary
Some judgments cannot be satisfied with money; they require a party to do something, like sign a deed or hand over documents. Rule 70 addresses what happens when that party refuses. If the deadline passes without compliance, the court can appoint someone else to perform the act at the disobedient party's expense, and once that substitute performance happens, it counts exactly as if the original party had done it. The party entitled to performance can also apply for a writ of attachment or sequestration against the disobedient party's property to compel compliance, and the court can hold that party in contempt in appropriate cases.
For judgments involving Utah real or personal property, the rule offers a more direct shortcut: instead of ordering someone to execute a conveyance, the court can enter a judgment that divests title from one party and vests it in another, and that judgment has the same legal effect as a properly executed deed. No signature from the losing party is needed. When a judgment or order calls for handing over possession of property, the party entitled to it can apply to the clerk for a writ of execution or a writ of assistance to obtain that possession.
Frequently Asked Questions
What if someone refuses to sign a deed or other document as a judgment orders?
The court can appoint someone else to perform the act — sign the deed, deliver the documents — at the disobedient party's expense, and that substitute performance has the same legal effect as if the original party had done it themselves.
Can a court transfer title to real property without anyone signing a deed?
Yes. Rather than ordering a party to execute a conveyance, Rule 70 lets the court enter a judgment that directly divests title from one party and vests it in another. That judgment carries the same legal effect as a properly executed conveyance.
What is a writ of assistance?
It's a tool for enforcing a judgment or order that grants someone possession of property. The party entitled to possession applies to the clerk, who issues a writ of execution or writ of assistance to obtain it.
Can someone be held in contempt for not complying with a Rule 70 judgment?
Yes. Alongside appointing a substitute performer or issuing a writ of attachment or sequestration against the disobedient party's property, the court may also hold that party in contempt in proper cases.