Rule 70.Judgment for specific acts; vesting title
Group 8: Provisional and Final Remedies · Last amended July 1, 1967 · Last verified July 13, 2026
Full Text of Rule 70
Amendment History
Prior: RPPP Rule 70. Adopted May 5, 1967, effective July 1, 1967.
Plain-English Summary
Some judgments cannot be satisfied with money; they order a party to do something — sign a deed, hand over documents, or perform some other specific act. CR 70 covers what happens when that party refuses outright. The court can appoint someone else to perform the act at the disobedient party's expense, and once done, it counts as if the original party had done it. The party entitled to performance can also ask the clerk for a writ of attachment or sequestration against the disobedient party's property to compel compliance, and the court may hold that party in contempt on top of either remedy.
For property located in the state, the rule offers a more direct fix: rather than ordering someone to sign a conveyance, the court can enter a judgment that divests title from one party and vests it in another. That judgment operates exactly like a properly executed conveyance, so no separate deed is needed. When a judgment instead awards possession of property, the party who won is entitled to a writ of execution or a writ of assistance from the clerk to obtain that possession.
Frequently Asked Questions
What if a party refuses to sign a deed the judgment requires?
The court may appoint someone else to execute the conveyance at the disobedient party's cost, and that act has the same legal effect as if the original party had performed it.
Can the court transfer title without anyone signing anything?
Yes. For property within the state, the court may enter a judgment that divests title from one party and vests it in another, which itself operates as a duly executed conveyance.
What is a writ of assistance under CR 70?
It is the enforcement tool available to a party awarded possession of property by judgment, issued by the clerk on application, to obtain that possession.
Can a party be held in contempt on top of these remedies?
Yes. The rule allows the court to adjudge the disobedient party in contempt in proper cases, in addition to the other remedies available.
What is the difference between attachment and sequestration here?
Both are property-based writs the clerk may issue against the disobedient party's property to compel obedience to the judgment; the rule offers either as a course open to the party entitled to performance.