RULE 70. JUDGMENT FOR SPECIFIC ACTS-VESTING TITLE

Effective Date: 1/17/1980

Obsolete Date: 3/1/2011

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.

Rule 70 was amended, effective March 1, 2011.

Rule 70 is 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; Fed.R.Civ.P. 70.

Effective Date Obsolete Date
03/01/2011 View
01/17/1980 03/01/2011 View