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Rules of Civil Procedure

TITLE EIGHT — PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEDURES

  • 46Seizing a Person or Property; Attachment
  • 47Injunctions
  • 48Receivers; Deposit into Court
  • 49Offer of Judgment
  • 50Execution; Enforcement of Money Judgments
  • 50.1Delinquency
  • 50.2Post-Judgment Relief from Delinquency
  • 51Judgment for Specific Acts; Vesting Title
  • 52Process For and Against Persons Not Parties
  • 53Civil Contempt

TITLE EIGHT — PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEDURES

Rule 51. Judgment for Specific Acts; Vesting Title

Cite asRid. R. Civ. P. 51Official text at page 77

In this rule

  • 1.Party’s Failure to Act; Performance by Another
  • 2.Vesting Title
  • 3.Attachment to Compel Obedience
  • 4.Contempt
  • 5.Obtaining a Writ or Order
  • 6.Limits
  • 7.Time for Performance
1.§

Party’s Failure to Act; Performance by Another. If a judgment directs a party 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 disobedient party by some other person appointed by the court, and the act when so done has like effect as if done by the party.

2.§

Vesting Title. If a judgment directs a party to convey property and the party fails to comply within the time specified, the court may enter a judgment divesting the title of the disobedient party and vesting it in another. Such a judgment has the effect of a conveyance executed in due form of law. Where the property exists only within the State’s game mechanics, the court may direct the Sheriff, or the person appointed under subdivision (1), to effect the transfer, and the judgment shall describe the property with sufficient particularity for the transfer to be made.

3.§

Attachment to Compel Obedience. On application of the party entitled to performance, the Clerk shall issue a writ of attachment against the property of the disobedient party to compel obedience to the judgment. The writ shall be directed to the Sheriff and shall describe the property to be attached.

4.§

Contempt. The court may also in proper cases adjudge the party in contempt, under Rule 53.

5.§

Obtaining a Writ or Order. On application of a party entitled to performance, the Clerk shall issue any writ or order necessary to enforce a judgment for a specific act. The application is made in the action, and the writ or order is entered upon the docket.

6.§

Limits.

1.§

No judgment shall direct an act that cannot be performed by a person subject to the process of the court or within the State’s game mechanics. Where the court finds that the act directed has become impossible, it shall on motion modify the judgment to award such other relief as is just.

2.§

No judgment shall direct a party to make an apology, a letter of regret, or an act of repentance, as provided by 7 R. Stat. § 122.001.

3.§

A judgment directing an act by a public servant shall be framed as 7 R. Stat. § 121.404 permits, and shall observe the limits of 7 R. Stat. § 121.403 where the defendant is a judicial officer.

7.§

Time for Performance. Every judgment directing a specific act shall state the time within which the act shall be performed, expressed in hours or days from the entry of the judgment. Where the judgment states no time, the act shall be performed within seven (7) days of entry.

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