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 after notice and opportunity to be heard, direct the act to be done by some other person appointed by the court and the act when so done has like effect as if done by the party, except that the appointee of the court shall have no authority to execute a conveyance of land located outside the State of Maine. The court may also in proper cases adjudge the party in contempt.
Me. R. Civ. P. 70
Advisory Committee’s Notes May 1, 2000
The rule is amended to require that any direction or substitution for action only occur after notice and opportunity to be heard, a procedural safeguard likely required by due process in any event. The reference to costs is removed. Presumably costs could be assessed under the court’s general cost authority, if it deems such appropriate. However, costs need not be assessed in every such case.