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Rule 70 – Enforcing a Judgment for a Specific Act

May 8, 2021 | Civil Procedure, Federal

(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 district, 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.

28 APPENDIX U.S.C. § 70

As amended Apr. 30, 2007, eff. Dec. 1, 2007.

NOTES OF ADVISORY COMMITTEE ON RULES-1937 Compare [former] Equity Rules 7 (Process, Mesne and Final), 8 (Enforcement of Final Decrees), and 9 (Writ of Assistance). To avoid possible confusion, both old and new denominations for attachment (sequestration) and execution (assistance) are used in this rule. Compare with the provision in this rule that the judgment may itself vest title, 6 Tenn.Ann.Code (Williams, 1934), §10594; 2 Conn.Gen.Stat. (1930), §5455; N.M.Stat.Ann. (Courtright, 1929), §117-117; 2 Ohio Gen.Code Ann. (Page, 1926), §11590; and England, Supreme Court of Judicature Act (1925), §47.

COMMITTEE NOTES ON RULES-2007 AMENDMENT The language of Rule 70 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.