Rule 70 — Enforcing a Judgment for a Specific Act

Fed. R. Civ. P. 70

• Source: Federal Rules of Civil Procedure
• Rule: 70
• TITLE VIII: PROVISIONAL AND FINAL REMEDIES
• Citation: Fed. R. Civ. P. 70

Text

(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 ap-
plication by a party entitled to performance of an act, the clerk
must issue a writ of attachment or sequestration against the dis-
obedient party’s property to compel obedience.
(d) OBTAINING A WRIT OF EXECUTION OR ASSISTANCE. On applica-
tion 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 disobe-
dient party in contempt.

Advisory Committee Notes

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