(a) Party’s failure to act; ordering another to act. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be done–at the disobedient party’s expense by another person appointed by the court. When done, the act has the same effect as if done by the party.
Rule 70.Judgment for specific acts; vesting title
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 70 lets the court have someone else perform a specific act a disobedient party was ordered to do (at that party's expense, with the same legal effect), lets the court vest title in property directly instead of ordering a conveyance, and provides writs of attachment, sequestration, execution, or assistance -- plus contempt -- to compel obedience.
Full Text of Rule 70
(b) Vesting title. If the real or personal property is within the state, the court instead of ordering a conveyance may enter a judgment divesting party’s title and vesting it in others. That judgment has the effect of a legally executed conveyance.
(c) Obtaining a writ of attachment or sequestration. On application by a party entitled to performance of an act, the clerk shall issue a writ of attachment or sequestration against the disobedient party’s property to compel obedience to the judgment.
(d) Obtaining a writ of execution or assistance. On application by a party who obtains a judgment or order for possession, the clerk shall issue a writ of execution or assistance.
(e) Holding in contempt. The court may also hold the disobedient party in contempt.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
When a judgment orders a party to convey land, hand over a document, or do some other specific act, and the party won't comply, Rule 70 doesn't leave the winning party stuck. The court can have another person, appointed by the court, perform the act at the disobedient party's expense — and once it's done, it counts exactly as if the disobedient party had done it personally.
For property within the state, the court has an even more direct option: instead of ordering someone to sign a conveyance, it can enter a judgment that itself divests the disobedient party's title and vests it in the other party, with the same legal effect as an executed deed. To back all of this up, the clerk issues a writ of attachment or sequestration against the disobedient party's property on application, or a writ of execution or assistance for a party awarded possession — and the court can hold the disobedient party in contempt on top of any of that.
Frequently Asked Questions
What happens if a party refuses to sign a deed or perform another act a judgment orders?
The court can appoint someone else to perform the act at the disobedient party's expense, and it has the same effect as if the party had done it.
Can a court transfer title to property without the losing party's cooperation?
Yes, for property within the state, Rule 70(b) lets the court enter a judgment that directly vests title in the other party, with the same effect as a legally executed conveyance.
What can the winning party do if the losing party still won't comply?
Obtain a writ of attachment or sequestration against the disobedient party's property, a writ of execution or assistance for possession, or ask the court to hold the disobedient party in contempt.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 70). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: judgment for specific performancevesting title by judgmentwrit of assistance