Rule 70.Enforcing a judgment for a specific act
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 70
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Some judgments do not order a party to pay money — they order the party to do something, such as sign a deed or hand over a document. Rule 70 tells the court what to do when that party balks. The court can appoint someone else to perform the act at the disobedient party's expense, and whatever that stand-in does counts exactly as if the original party had done it. When real or personal property sits within the district, the court has another option: rather than order someone to draft a conveyance, it can enter a judgment that transfers title directly, and that judgment works exactly like a signed deed.
The rule also arms the party waiting on performance with process to compel it. On request, the clerk must issue a writ of attachment or sequestration against the resisting party's property, or a writ of execution or assistance where the judgment concerns possession. And beyond that machinery, the court still has the option of holding the noncompliant party in contempt.
Frequently Asked Questions
What happens if someone refuses to sign a deed the court ordered them to sign?
The court may appoint another person to sign it or perform the act, at the disobedient party's expense, and the act then has the same effect as if the original party had done it.
Can a court transfer title to property without the losing party's signature?
Yes, when the property is within the district. The court can enter a judgment vesting title in the other party instead of ordering a conveyance, and that judgment has the effect of a legally executed deed.
What is a writ of attachment or sequestration used for under this rule?
It lets the clerk seize the disobedient party's property to compel that party to comply with the judgment.
What if the judgment is about possession of property rather than a conveyance?
The party entitled to possession can apply for a writ of execution or assistance, which the clerk must issue.
Can the court hold someone in contempt for failing to comply with this kind of judgment?
Yes. Contempt remains available to the court in addition to appointing a substitute performer, vesting title, or issuing a writ.