FRCP Rule 70
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Below is '''Rule 70''' of the [[Federal Rules of Civil Procedure]]. Rule 70 deals with '''Enforcing a Judgment for a Specific Act''', and is indexed under Chapter VIII, dealing with [[Provisional and Final Remedies]]. | Below is '''Rule 70''' of the [[Federal Rules of Civil Procedure]]. Rule 70 deals with '''Enforcing a Judgment for a Specific Act''', and is indexed under Chapter VIII, dealing with [[Provisional and Final Remedies]]. | ||
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==(a) Party's Failure to Act; Ordering Another to Act.== | ==(a) Party's Failure to Act; Ordering Another to Act.== | ||
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==(c) Obtaining a Writ of Attachment or Sequestration. == | ==(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. | :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. == | + | ==(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. | :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. == | + | ==(e) Holding in Contempt.== |
:The court may also hold the disobedient party in contempt. | :The court may also hold the disobedient party in contempt. | ||
- | + | [[Category:Federal Rules of Civil Procedure]] | |
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- | [[Category: Federal Rules of Civil Procedure]] | + |
Latest revision as of 05:36, 19 October 2010
Below is Rule 70 of the Federal Rules of Civil Procedure. Rule 70 deals with Enforcing a Judgment for a Specific Act, and is indexed under Chapter VIII, dealing with Provisional and Final Remedies.
Contents |
(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.