SPECIFIC ACTS-VESTING TITLE ENFORCING A
JUDGMENT FOR A SPECIFIC ACT 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.
(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.
(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 any 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 must issue a writ of attachment or sequestration against the disobedient party's property to compel obedience.
(d) Obtaining a Writ of Execution or Assistance. On application by a party who obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.
(e) Holding in Contempt. The court may also hold the disobedient party in contempt.
Rule 70 was amended, effective March 1, 2011.
Rule 70 is
identical to Rule 70, FRCivP, except for the
substitution of "state" for "district."
derived from Fed.R.Civ.P. 70.
Rule 70 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee
Minutes of January 28-29, 2010, pages 21-22; January
17-18, 1980, page 8;
Rule Fed.R.Civ.P. 70 ,
Affected: Superseded: Section
28-2009, NDRC 1943.