Rule 70 – Judgment for Specific Acts; Vesting Title; Contempt

May 15, 2021 | Delaware, Family Law

(a) Performance by substitute and other methods of procuring compliance. 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 noncompliant party by the Clerk of Court or by some other person appointed by the Court if permitted by law and the act when so done has the same 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 noncompliant party to compel compliance to the judgment if permitted by law. The Court may also in proper cases adjudge the party in contempt. If real or personal property is within the jurisdiction of the Court and if permitted by law, 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. The provisions of this paragraph shall not be construed to replace any statutory authority granted this Court to compel performance by a substitute.

(b) Contempt and other remedies for noncompliance of Court order. Except as otherwise provided by law, for failure to obey a restraining or injunctive order, or to obey or to perform any order, an attachment may be ordered by the Court upon the filing in the cause of an affidavit showing service on the respondent, or that the respondent has knowledge of the order and setting forth the facts constituting the noncompliance. At the hearing of the attachment, the examination of the respondent and also of witnesses shall be oral before the Court, unless it be otherwise ordered by the Court.

In other proceedings taken in the name of the State to punish contempt, the attachment may be ordered upon the filing of an affidavit setting forth the facts constituting the contempt and thereupon the proceedings shall be as set forth in the preceding paragraph of this Rule. Rule 71. Process in behalf of and against persons not parties.

Del. Fam. Ct. R. Civ. P. 70

Amended July 10, 2020, effective November 1, 2020.