Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 70 gives the court tools to enforce a judgment ordering a specific act — appointing someone else to do the act, vesting title directly, ordering a writ of attachment or sequestration, or holding the disobedient party in contempt — plus a writ of execution or assistance that the clerk must issue for a judgment of possession.
(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 state, 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 court may order the clerk to 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.
End
Plain-English Summary
Some judgments order a party to do something — convey land, deliver a deed, perform an act — rather than pay money. Rule 70 ensures those judgments have teeth. If the party fails to comply in time, the court may have the act done by someone else at the disobedient party's expense; vest title directly by entering a judgment that operates as a conveyance; order the clerk to issue a writ of attachment or sequestration to compel obedience; and hold the disobedient party in contempt. Separately, for a judgment or order granting possession, the clerk must issue a writ of execution or assistance on a party's application — no court order is needed for that one.
Frequently Asked Questions
What if someone won't obey a judgment ordering them to do something?
The court may appoint another person to do the act at the disobedient party's expense, vest title directly, order the clerk to issue a writ of attachment or sequestration, or hold the party in contempt. For a judgment granting possession specifically, the clerk must issue a writ of execution or assistance on the party's application, without needing a separate court order.
Can the court transfer title itself instead of ordering a conveyance?
Yes, for property within Montana. Instead of ordering the disobedient party to convey it, the court may enter a judgment divesting that party's title and vesting it in others, which operates the same as a signed conveyance.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as:enforcing judgmentspecific actvesting title