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Rule 70 – Enforcing a Judgment for a Specific Act

May 14, 2021 | Civil Procedure, North Dakota

(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.

N.d. R. Civ. P. 70

Joint Procedure Committee Minutes of January 28-29, 2010, pages 21-22; January 17-18, 1980, page 8; Fed.R.Civ.P. 70.

EXPLANATORY NOTE 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 theDecember 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. STATUTES AFFECTED: SUPERSEDED: Section 28-2009, NDRC 1943.